The following terms and conditions apply to your use of the Ripefruit service including without limitation directory, events calendar, forums & bulletin boards, classifieds, community information, e-mail, instant messaging, chat and organiser and any other services that may be offered by Ripefruit from time to time (the “Service”).
By using this website and /or completing the registration process, you are stating that you AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“TOS”).
1. Member Account
1.1 To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form (“Registration Data”). You agree to maintain and update this Registration Data as required to keep it current, complete and accurate.
1.2 You agree that Ripefruit may disclose to third parties your Registration Data in aggregate form. Such disclosures will not include your name, mailing address, email address, account and phone number, unless:
You expressly authorise the disclosure; or
Ripefruit is required to make such disclosures by law.
2.1 You agree to notify Ripefruit immediately of any unauthorised use of your account or any other breach of security.
3. Modify Service
3.1 Ripefruit may modify, suspend or discontinue the Service or any service from time to time in its absolute discretion.
4. Member Privacy
4.2 You agree that Ripefruit may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time.
5. Member Conduct
5.1 You agree that:
you will not use the Service for any purpose that is unlawful or prohibited by these TOS;
5.2 You agree that you will not use the Service to directly or indirectly:
conduct surveys, contests, pyramid schemes, chain letters, junk email, spamming or any other duplicative or unsolicited messages (commercial or otherwise);
defame, abuse, harass, stalk or threaten others;
publish or distribute any defamatory, obscene, indecent or unlawful material or information;
collect information about others, including email addresses, without their consent;
create a false identity for the purpose of misleading others as to the identity of the sender;
transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer programs;
transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws;
interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
5.3 Ripefruit is not obliged to but may monitor your and other users use of the Service.
Ripefruit may monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
6. Links To Third Party Sites
6.1 The links included within the service let you leave the service web sites (“linked sites”). The linked sites are not under the control of Ripefruit and Ripefruit is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.
6.2 Ripefruit is not responsible for webcasting or any other form of transmission received from any linked site. Ripefruit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ripefruit of the site or any association with their operators.
7. Limitation of Liability
7.1 Ripefruit will not be liable to you in respect of any loss or damage which may be suffered or incurred by you or which may arise either directly or indirectly or in respect of your use of the Service. To the extent permitted by law Ripefruit shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if Ripefruit has been advised of the possibility of damages. Without limitation, Ripefruit will not be liable to you for losses arising directly or indirectly from any:
failure by Ripefruit to provide the Service;
for any corruption to or loss of data;
errors or interruption to the Service;
defects, faults or viruses;
changes, suspension or discontinuance of the Service;
failure to make any changes or improvements to the Service;
use or results of the use of the Service or the materials made available as part of the Service which are not correct, accurate, timely, or otherwise reliable;
threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights;
content sent using and/or included in the Service by any third party; or
deletion of emails or instant messages; or
contractual or other relationship you enter into with any advertiser appearing on the Ripefruit web site or the Service.
8. Exclusion of Warranties
Ripefruit makes no express representations about the suitability, reliability, availability, timeliness and accuracy of the Service for any purpose. The Service is provided “as is” and to the extent permitted by law, Ripefruit hereby disclaims all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Ripefruit does not warrant or make any representation regarding your access to, or the results of your access to, the Service (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
9.1 You agree to indemnify and hold Ripefruit, officers and employees, harmless from any claims, actions, applications, arbitration, causes of action, complaints, costs, debts due, demands, terminations, enquiries, judgments and verdicts, at law, in equity or arising under any statute or award (including legal costs), by any third party due to or arising out of your use of or conduct on the Service, including without limit:
Your breach of these TOS
Your failure to comply with the TOS.
10.1 Ripefruit may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Ripefruit may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Ripefruit. Upon termination of Service, your right to use the Service immediately ceases.
11. Relationship with advertisers
11.1 Any dealings with any advertiser appearing on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. Ripefruit is not responsible or liable for any part of any such dealings or promotions.
12. Ripefruit may amend these Terms of Service
12.1 Ripefruit may amend the TOS or policies regarding the use of the Service from time to time. Ripefruit will post any update[s] to the TOS on this Web site. By continuing to use the Service, you agree to be bound by the amended TOS.