Date of Last Revision: May 15, 2019
Riffr (“Riffr,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.riffr.com (the “Site”) and through its mobile application and software platform (collectively, such services, including any new features and applications, and the Site, are referred to as the “Service(s)”).
The following Terms of Service (“Terms”) govern your use of our Services. By using or accessing the Services, you agree to and accept these Terms. We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either on the Site, through the Services or in an email notification or through other reasonable means. Any such changes will become effective immediately after posting and your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms.
By using the Services, you agree to the Terms. If you do not agree to these Terms, you should not use the Services.
Riffr is a social network powered by sound. Through the Riffr mobile app, users speak their mind, listen to their heroes, educate others and become informed through the power of audio.
You must be 13 or older in order create an account or use the Services. By using the Services, you represent that:
Riffr grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non- sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell, lease, reverse engineer or attempt to extract the source code for any part of our Services, unless such restriction is prohibited by law or you have our written permission to do so.
The Riffr Service lets you create, upload, post, send, receive, and store content. You retain whatever ownership rights in that content you had to begin with but you grant Riffr a license to use that content. For all content you submit to the Services, you grant Riffr and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
To the extent applicable, when your name, likeness, or voice appears in content you submit to the Services you also grant Riffr, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from Riffr or our affiliates if your name, likeness, or voice is conveyed through the Services.
We may– but are not required to– access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Services.
Much of the content on our Services is produced by users, publishers, and other third parties. The content is the sole responsibility of the party that submitted it. Although Riffr reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot— and do not—take responsibility for any content that others provide through the Services.
You may not use the Services, or enable anyone else to use the Services, in a manner that:
We respect the intellectual property rights of others and expect our users to do the same. We may remove a user’s content that in our sole discretion appears to infringe the copyrights of others. In addition, in our sole and absolute discretion, we may terminate the accounts of users who infringe the copyrights of others.
If you believe that a user of the Services has infringed your copyrights, please notify our Copyright Agent, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) an identification of the copyright claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright’s owner, its agent, or the law; and, (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyrights involved.
Our Copyright Agent is and can be reached at:
While we try to keep our Services safe for all users, we cannot guarantee it. By using the Services, you agree that:
You are solely responsible for any activity that occurs in your Riffr account. You are responsible for maintaining the security and confidentiality of your username and password. If you think that someone has gained access to your account, please immediately contact us.
You are responsible for any mobile charges that you may incur for using our Services, including data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. You may terminate these Terms at any time and for any reason by deleting your account. Riffr may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Riffr, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE RIFFR ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
RIFFR TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH RIFFR WILL BE RESPONSIBLE FOR.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RIFFR AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF
YOUR CONTENT, EVEN IF RIFFR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RIFFR’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID RIFFR, IF ANY, IN THE LAST 12 MONTHS.
Massachusetts law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and Riffr, without regard to conflict of law or choice of law rules. We make no representation that our Services are appropriate, legal or available for use in locations outside of the United States. If you choose to access our Services you agree to do so subject to the laws of Massachusetts and the United States.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
These Terms (together with any additional terms applicable to specific Services you use) make up the entire agreement between you and Riffr, and supersede any prior agreements.
These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
If you have any questions regarding these terms or wish to contact us for any matter:Riffr
These Terms were last modified on May 15, 2019