The latest version of Riseline’s Terms of Service can be found in the information view. To find this view, press the information button, located in the top right corner of the switchboard.
1) Introduction. The Scrap2™ application (the “Software”) and the services provided by Scrap2 under this Agreement (the “Services”) are owned and brought to you by Riseline LLC (“Riseline”). Riseline reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of a new version of the Scrap2™ application, enhancements or resources, shall be subject to the terms of this Agreement. Continued use of the Services and/or the Software after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time by visiting http://www.scrap2.us and also by tapping the “I” button on your home screen inside the application.
2) ACCESS TO THE SERVICES. Your access to and use of the Services and use of our servers (or those of our hosting service provider) are subject to the terms of this Agreement and your valid registration as a user of our Services (“User”). Users may utilize the Software and the Services solely for User’s own use and Users may not grant access to any other person or entity except as provided in these Terms of Service. In addition, other members of your organization may also use the Services, provided they also register as Users of the Service and agree to be bound by these Terms of Service.
3) CHANGES TO THE SERVICES AND USER ACCESS. Riseline may change, suspend or discontinue the Services at any time, including the availability of any feature or function of the Software or Services. Riseline may also impose limits on certain features or bandwidth, or restrict your access to parts or all of the Services without notice or liability. Riseline cannot promise that access to the Services will be uninterrupted or that the Services will be available at all times, and we do not assume any liability or responsibility for any delay, interruption, loss of data or downtime.
4) VIOLATION OF OUR TERMS OF SERVICE. Riseline reserves the right to immediately terminate your account (and the account of other Registered Users from your organization) if there is a violation of any of these Terms of Service.
5) RIGHTS TO CONTENT; LIMITED LICENSE.
a) The look and feel of the Service is copyright(c)2013 Riseline, LLC. All rights reserved. Users may not reproduce, display, reverse engineer, or reuse any portion of the Software or Services, or any aspect or element of the user interface, including any source or object code, or any aspect of the or visual design elements, without express written permission from Riseline. SCRAP2 and RISELINE are trademarks of Riseline. No right or license to our trademarks is granted through this Agreement.
b) Once you agree to these Terms of Service, User is granted a non-exclusive, non-transferable, worldwide right and license to use the Service and the Software, solely for User’s own internal business purposes, subject to this Agreement. All rights not expressly granted to User are expressly reserved to Riseline.
c) The right of use the Services and the Software is at all times conditioned on compliance with the terms of this Agreement, and User’s prompt and timely payment for the Services. Breach of any term of this Agreement, or non-payment or delay in payment shall terminate any right of use granted to the User under this Agreement.
d) The Services may not be used in any way that is illegal or promotes illegal activities or in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent.
e) You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Software in any way; (ii) modify or make derivative works based upon the Service or the Software; (iii) create Internet “links” to the Service or “frame” or “mirror” any content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Software or the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Software or the Service.
f) You may use the Software and the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity, security or performance of the Software, the Services or the data contained therein; (v) attempt to gain unauthorized access to the Service or its related systems or networks; or (vi) use the Software or the Services, including the content, our intellectual property rights, Riseline technology and our trademarks and service marks for any commercial purposes (i.e. soliciting customers, resale, etc.) without our prior written consent.
g) Riseline does not pre-screen content or Customer Content (as defined in Section 6, below) that travels through our Services, but Riseline has the right (but not the obligation) in its sole discretion (which may be exercised through our designee) to refuse or remove any Customer Content that is available via the Service if we deem that the Customer Content violates these Terms of Service or otherwise is or may be illegal or dangerous.
h) While Riseline prohibits illegal and unauthorized conduct and Customer Content on or through the Service, Users expressly acknowledge and agree that Riseline cannot be responsible for the Customer Content posted on or through the Service and that Users therefore may be exposed to illicit or unauthorized Customer Content of others. Accordingly, you expressly acknowledge and agree that use of the Service and the Software is at your own risk.
6) Data and Acces to Data; Copyright Complaints
a) Riseline does not own any data, information or material that you or others submit using the Services (“Customer Content”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Customer Content that you submit. Riseline shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Content.
b) User is fully liable for the legality of all Customer Content stored by the User through our Services. Furthermore the User is fully liable, if such Customer Content is infringing upon third party rights, and accordingly agrees to indemnify Riseline for all claims and losses related to such infringement and/or illegality.
c) If Riseline on its own or through any third party has notice that Customer Content stored by the User (or any other User) is in violation of any law or infringes third party rights, Riseline shall have the unfettered right to – without liability to the User – immediately suspend access to such data without prior notice to the User. The User may be notified by Riseline of any such action under this Section, when reasonable and possible.
d) For accounts belonging to organizations, the “Primary Registrant” (as defined in paragraph 6c below) shall be the default “Systems Administrator” for the accounts, and account settings for all Registered Users under said organization”s account. The Primary Registrant may delegate the role of “System Administrator” to any other Registered User in the same organization. For individual Users (not a part of any organization) each such individual User will also be the default “Systems Administrator” for his/her account. The Systems Administrator shall have control over all applicable Customer Content submitted to the Service, and all Customer Content will be deemed to be owned by and the property of the User or, as applicable the User’s organization. Upon request by the applicable administrator, Riseline may remove, modify, edit or otherwise alter any applicable Uploaded Data.
f) In extraordinary circumstances, such as when required by legal process, or if Riseline, in its sole discretion, reasonably believes that User Content residing in a User account is contrary to these Terms of Service, or poses a risk to another User or a third party, RiseLine reserves the right to review the User Content and modify or make said User Content inaccessible while it investigates the matter. Unless required by law to the contrary, Users will be notified of any claims or concerns regarding User Content in advance of any access by Riseline.
g) COPYRIGHT CLAIMS. In accordance with the Digital Millennium Copyright Act and other applicable law, Riseline has adopted a policy of terminating, in appropriate circumstances and at Riseline’s sole discretion, account holders who are deemed to be repeat copyright infringers. Riseline may also, at its sole discretion, limit access to the Services and/or terminate any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement. The foregoing are in addition to, and not in lieu of, any other right or remedy available to Riseline.
i) If you have reason to believe that your content has been copied and/or is accessible on or through our Service(s) in a way that constitutes copyright infringement, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service; ..
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of 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 an exclusive right that is allegedly infringed.
ii) IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
Copyright Claims At Riseline
c/o Deborah Peckham, Esq.
Burns & Levinson, LLP
125 Summer Street
Boston, MA 02110
6. Your Obligations, Responsibilities and Representations
a) Our Services are intended for use only by adults. By using our Services you represent and warrant that you are at least 18 years of age.
b) In order to initiate the Services you must become a Registered User. To register, you must provide and you represent that you will provide your full legal name, and the name of your organization, and a valid email address. You further represent that, upon request, you also will provide truthful and accurate billing information.
c) If you are the first Registered User for an organization that will have many users (a “Primary Registrant”), we may ask for additional details about your organization. All billing will be done through the App Store and the Primary Registrant’s Apple(R) iTunes(R) account; however, we reserve the right to request back up credit card or other payment information to cover your use of our Services and the use by other Registered Users from your organization.
d) Once registered you will have a login name and a password. You agree not to share your login details with any other person or entity. A Primary Registrant may create separate logins for as many people as the organization would like to add. Each new user will then register separately with our Services upon first login (and each will agree to these Terms of Service).
e) You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Software and the Services, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations, which are required, by your employer and/or the applicable administrators of your account. You shall: (i) notify Riseline of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Riseline immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or other users to violate this Agreement or the intellectual property rights of third parties; and (iii) not impersonate another Scrap2 user or provide false identity information to gain access to or use the Services. By accessing the Services, you represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
f) You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
g) Without limiting any other term of this Agreement, you may not: use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the content housed on our servers, servers of our host provider or any other content or data that does not belong exclusively to you, or attempt to obtain unauthorized access to records, accounts or details about other Registered Users.
7. Payment, Refunds, Upgrading and Downgrading Terms
a) Riseline provides various service plans for its Services, as further described here http://www.scrap2.us Payments for all services and covering all Registered Users within an organization will be collected monthly through the Primary Registrant’s Apple(R) App Store account. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
b) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
c) For any upgrade or downgrade in plan level, your Apple Account will automatically be charged the new rate on your next billing cycle.
d) Downgrading your Service may cause the loss of Customer Content, features, or capacity of your Account. Riseline does not accept any liability for such loss.
e) In case of termination of account, Riseline reserves the right to impose a reconnection fee in the event a User requests to resume access to the Services. User expressly acknowledges and agrees that Riseline has no obligation to retain content uploaded to the Service after 30 days post termination or cancellation of this Agreement, and that such content may be irretrievably deleted if the account is 30 days or more delinquent. Riseline reserves the right to retain a copy of Customer Content for archival purposes and/or if required to do so by a law enforcement agency.
8. Cancellation and Termination
a) You are solely responsible for properly cancelling your account. A non-primary registrant should request cancellation through his/her systems administrator. A primary registrant may cancel the account by using the subscription setting in the Apple® App Store®.
b) All of the Uploaded Content will remain on our servers for up to 30 days after cancellation or termination, after which it will be immediately deleted from our systems and services unless otherwise agreed. This information can not be recovered once this 30 day period as lapsed after your account is cancelled.
c) Riseline, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Riseline service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Riseline reserves the right to refuse service to anyone for any reason at any time.
9) Modifications to the Service and Prices
a) Riseline reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
b) Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to http://www.scrap2.us or within the Service itself. If, after notice, User decides to terminate its account, the Services will be discontinued and User’s Customer Content will be maintained for 30 days after notice of termination is provided. Such termination notice will be sent once to the email address on file for the User.
c) Riseline shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
10) WARRANTY DISCLAIMER. THE SCRAP2 APPLICATION, SERVICES, CONTENT,AND ANY RELATED SUPPORT SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. ALTHOUGH WE STRIVE TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS INTO OUR SERVICE AND WEBSITE, WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT OUR SERVICES ARE FREE OF VIRUSES, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL OR DESTRUCTIVE CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. IN ADDITION, WE DO NOT WARRANT THAT OUR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SERVICES WILL BE CONFIDENTIAL OR ANY COMMUNICATIONS USING OUR SOFTWARE OR SERVICES WILL BE PRIVATE. RISELINE WILL NOT BE LIABLE FOR THE PRIVACY OF CUSTOMER CONTENT. RISELINE FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH OR USING OUR SERVICES WILL BE MAINTAINED, UPDATED OR CORRECTED. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF OUR SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME FO THE ABOVE EXCLUSIION MAY NOT APPLY TO YOU.
11) INDEMNITY. You agree to defend, indemnify and hold harmless Riseline and its officers, directors, shareholders, employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting fees, resulting from or arising out of your breach of any of these Terms of Service, your use of the Services, User content submitted by you, or your use of any information or content using the Services.
12) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL RISELINE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE UPON, USE OF OR INABILITY TO USE THE SCRAP2 APPLICATION OR THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT, INCOME OR PROFITS), WHETHER BY STATUTE, LAW OR IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF RISELINE HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SCRAP2 APPLICATION, THE SERVICES, OR WITH THESE TERMS OF SERVCE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION AND THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE APPLICATION AND/OR THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF RISELINE IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (U.S. $100.00).
13) MISCELLANEOUS. Your use of the Service is at your sole risk. The Services and the Scrap2 application are provided on an “as is” and “as available” basis The failure of either party to exercise in any respect any right provided for in these Terms of Service shall not be deemed a waiver of any further rights hereunder. RISELINE shall not be liable for any failure to perform its obligations hereunder when such failure results from any cause beyond RISELINE’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with RISELINE’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind RISELINE in any respect whatsoever.
14) Service Levels.
a) Riseline will at all times reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are guaranteed, implied or warranted. The Service is hosted by Riseline or subcontractor of its choice. All data stored as part of the Service may be backed up on a regular basis. If a User with paid service plan experiences loss of data, Riseline may use reasonable efforts to attempt to restore data from the most recent working backup; provided, however; Riseline gives no warranties with respect to recovering or restoring any lost data, including Customer Content. Users are strongly encouraged to make their own backups of all data stored using our Services.
b) Technical support is only provided to paying account holders and is only available via email.
c) You understand that Riseline uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
d) You understand that the technical processing and transmission of the Service, including your Customer Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices,
e) If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Riseline) of other Scrap2 Users, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.