27 Jan 2015
Drip.Fish is where you can instantly create your own storyboards to build brand communities. A storyboard is a content hub where you can uniquely pool your branded and curated content around a specific topic. It’s content marketing on steroids, using storyboards to bring your audience to the story you create, curate, control and measure. The following terms and conditions have been developed to describe our commitment to you as well as your responsibilities as a Drip.Fish user.
Acknowledgement and Acceptance of Agreement
PLEASE READ THE FOLLOWING CAREFULLY.
By using the DripFish service available at DripFish.com and affiliated domains (the “Site”), you agree to the terms governing the applications, features and functionality available on or through the Site (The “Service”). If you do not agree with these terms, do not use the service.
While using the service, the website and the DripFish.com link, you will not violate any laws, third party rights or our policies. You will not use DripFish.com, services provided by Drip Fish or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Website, Service, Drip Fish Ltd Link, or tools. Restrictions can be imposed if you:
- Fail to deliver payment for services or digital goods purchased by you.
- Fail to abide by the terms of this agreement.
- Circumvent or manipulate the billing process by providing false credit card information, or try to manipulate fees owed to Drip Fish.
- Harvest or otherwise collect information about users and use for resale, including email addresses, without their consent.
- Copy, modify or distribute rights or content from the website, service or tools provided by Drip Fish.
- If your content contains false, inaccurate, misleading, defamatory, or libellous content.
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses or pyramid schemes or any other technologies that may harm Drip Fish, or the interests or property of Drip Fish users.
- Export or re-export any Drip Fish tools except in compliance with the export control laws of any relevant jurisdictions.
Drip Fish and our community work together to keep our website and the platform safe. Please report problems, offensive content, and policy violations to DripFish.com. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts at any time. Prohibit access to DripFish.com and content, services and tools, delay or remove hosted content, including but not limited to digital goods and user content, and take technical and legal steps to keep users off DripFish.com. These steps can be taken when we suspect infringement of the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies like circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other Users. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the DripFish.com website, Services or tools.
Infringement policy rights: Drip Fish takes claims of infringement seriously and may take immediate action upon notice from someone claiming to be an infringed party. Generally, upon receipt of a written notice from a party infringed or defamed by the user’s material, DripFish will remove the user’s work and reserves the right to remove any and all information about the user from DripFish.com. Furthermore, the user agrees:
- Not to use DripFish.com and/or Services if you are not able to form a legally binding contract, are under the age of 18, or are temporarily or indefinitely suspended from our Site
- Not to upload any material which violates this terms of service
- Not violate any laws, third party rights, or any policies which we have posted on the Site from time to time.
- Not to seek to circumvent or manipulate information for the purpose to avoid the Drip Fish fee structure or billing process.
- Not to use robots, spiders, shills or other methods or hire others to do the same.
- Not to engage in spam, chain letters, or pyramid schemes involving or using the Site
- Not to try to distribute viruses, malware, SQL injections or any other technologies that may harm DripFish.com.
- Not to engage in abusive or profane behaviour towards DripFish.com, its employees or fellow users on DripFish.com or any other platform.
DripFish.com does not claim any copyright on any content uploaded by the user using the DripFish site tools or platform. In all cases the copyright in the Work shall belong to the creator or the party that the user cites as the copyright holder. The copyright holder shall be solely responsible for filing copyrights and any other intellectual property with the appropriate governmental bodies.
Formats of content generation
The user can upload images and add text and Drip Fish shall utilize its automation software to convert the user uploaded content into multiple formats or designs. The user is authorized to independently use or distribute their Drip Fish generated content on any other platform of their choosing. Generally, Drip Fish will convert the user’s content as it is uploaded to us, and does not edit or modify the original work. Certain modifications may occur caused by text or design conversions. Drip Fish does not guarantee accurate preservation of the original Work’s formatting. The user will be given the opportunity to validate the automated conversion and therefore will not put any liability of quality of conversion to Drip Fish. Any formatting issues, missing text, colour coding issues and/or character conversion issues need to be resolved by the user by updating or adjusting their original content.
Drip Fish allows the upload of original written content and associated images in order to create content to share on social media. Drip Fish does not claim any ownership rights in the user’s content, and the user hereby expressly acknowledges and agrees that their User Content remains their sole responsibility. Furthermore, the user will ensure that any and all links to audio, text, photos, pictures, graphics, comments, and other content, data or information that you make available are controlled solely by you the user, and not by Drip Fish. The user expressly acknowledges that they will not upload any content and/or images which:
- a. Contain any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libellous, threatening, profane, obscene or otherwise objectionable.
- b. Will violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
Drip Fish takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. Furthermore, Drip Fish has no control over and do not guarantee the quality, safety, truth, accuracy or legality of user content created using the Drip Fish Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a service conduit of your User Content. You will not hold Drip Fish responsible for other Users' Content, actions or inactions, or content you create. You acknowledge that you the user will ensure that you comply with all relevant copyright, publishing and tax law. You will indemnify and hold Drip Fish and its licensees, successors and assigns, and its and their distributors, customers, officers, directors, members, employees and agents, harmless against any expense including, but not limited to, reasonable attorneys’ fees and disbursements or judgment, settlement or other liability arising out of any claim or legal proceeding asserting claims contrary to any warranty or representation made by You in this Agreement.
Access and Interference
The Website contains robot exclusion headers. Much of the information on the Website is updated on a real-time basis and is proprietary or is licensed to Drip Fish by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Website or the Service without the prior express written permission of Drip Fish and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Website, services or tools, or any activities conducted on or with the Website, Service or tools; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website or Service.
You will indemnify and hold us and our officers, directors, agents, subsidiaries, joint ventures and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Any notices will be sent in writing to the following respective addresses: Scar House, Co Wexford, Ireland. For you, the physical and/or e-mail address provided by you to Drip Fish at the time you registered, which may be updated by you from time to time.
If a dispute arises we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly, Drip Fish agrees that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. This Agreement shall be governed in all respects by the laws of the Irish Republic as they apply to agreements entered into and to be performed entirely within the Irish jurisdiction.
Copyright Act and Notice.
The Website and the Drip Fish Services including, but not limited to, text, photographs, graphics, video and audio Content are protected by copyright as works, databases, collective works and/or compilations under the copyright laws of Ireland, Northern Ireland and other countries
Fees and Services.
DripFish.com charges users a service fee to cover costs. When you join Drip.Fish you have an opportunity to review and accept the fees that you will be charged based on our fee Schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on Drip Fish.com. If you elect to use the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Drip Fish may add new services for additional fees and charges, or amend fees and charges for existing services at any time at its sole discretion.
Cancellation and Refunds.
You may cancel your Drip Fish account at any time; however, there are no refunds for cancellation. In the event that Drip Fish suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any charges or subscription fees for any portion of the Service.
Types of Data We Collect
When registering as a user of DripFish.com or during your time as a user of the Site you will be asked to provide information to us. We will inform you at the time of collecting other information from you whether you must provide the information to use Drip Fish services or whether the provision of information requested by us is optional. We will inform you at the time of collecting information from you whether the information that you provide to us will be not be accessible to other users of DripFish.com or by third parties so that you can decide whether to provide the information to us. We may collect and process the following data about you:
- If you contact us, we may keep a record of that correspondence for legal purposes.
- Information that you submit when you register for the Drip Fish services including your name, email address and telephone number.
- Information that you submit when you use the DripFish.com Website, for example in response to a blog post, in a message to us, entering a competition or through any website communication channel.
- The functionality that you use through the DripFish.com Website including comments on our blog; or details of transactions you carry out through DripFish.com.
Such information is only collected from you if you voluntarily submit it to us, and is only kept for as long as it is required for us to provide you with a high quality service, to comply with law or our contractual obligations or for reasonable record-keeping purposes. “Other Data” Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to the DripFish.com Website. This data comprises information that cannot be used to identify or contact you, such as demographic information regarding, for example, browser types, alphanumeric IDs, operating system, traffic data, location data, IP addresses, information regarding the volume and status of data transmission, click-through statistics, the name of the domain and host from which you access the Internet, the date and time you access portions of the DripFish.com Website, and other anonymous statistical data involving the use of the DripFish.com Website. This is statistical data about our users’ browsing actions and patterns, and we do not use them to identify any individual, except if required by the law or for the purposes of fraud protection, information technology security and credit risk reduction.
Use of Your Personal Data
Our primary purpose in collecting Personal Data is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your Personal Data to: facilitate the creation of and secure your account on our network; identify you as a User in the system; send you a welcome e-mail to verify ownership of the e-mail address provided when your account was created; respond to your enquiries related to employment opportunities or other requests; provide the Service and customer support you request; resolve disputes, collect fees, and troubleshoot problems; prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our User Agreement; customize, measure and improve our Service and content; tell you about our Service, service updates, and promotional offers based on your communication preferences; compare information for accuracy, and verify it with third parties; and other uses as described when we collect the information. Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyse request and usage patterns so that we may enhance the content of our Service and improve site navigation. We reserve the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in our sole discretion.
Our Disclosure of Your Personal Data
We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other Users may abuse or misuse your Personal Data that they collect from the Website. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your Personal Data or private communications will always remain private.
If you share your account details or your Personal Data with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your account, you may lose substantial control over your Personal Data and may be subject to legally binding actions taken on your behalf. Therefore, if your account has been compromised for any reason, you should immediately notify Drip Fish and change your password.
Accessing, Reviewing and Changing Your Personal Data
You may change any of your Personal Data in your account by editing your profile within your account or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Upon your request, we will close your account and remove your Personal Data from view as soon as reasonably possible, based on your account activity and in accordance with applicable law. We do retain Personal Data from closed accounts to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement, and take other actions otherwise permitted by law.
Governing Law and Jurisdiction
This Agreement shall be governed by, and construed in accordance with Irish law and any dispute which may arise out of or in connection with this Agreement or the legal relationship established by them, shall be subject to the exclusive jurisdiction of the Irish Courts, although we retain the right to bring proceeding against you for breach of this Agreement in your country of residence or any other relevant country. The rights and remedies contained in this Agreement are cumulative and not exclusive of rights or remedies provided by law.
Scar House - Unit 16
Republic of Ireland
+353 (0)51 347059