Terms & Conditions

User Agreement

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. THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME (“Terms”), ARE A BINDING AGREEMENT (“Agreement”) BETWEEN YOU ("user" as defined below) AND Drip Fish Ltd. (“Drip Fish”). By using the Drip.Fish 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. This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”). 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. This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).

Using DripFish.com

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:

Fair Usage

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:

Copyright Holder

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.

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:

Indemnification

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.

Indemnity

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.

Notices

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.

Legal Disputes

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.


Privacy Statement

Scope

This Privacy Policy describes how we handle your personal information for our Service on the Drip Fish websites, tools, and applications. It applies generally to information collected on the Drip Fish website and content (the "Website") or through the use of our Service. We respect your right to privacy and aim to comply with our obligations under the data protection legislation currently in force in Ireland. The purpose of this Website Privacy Policy is to outline how we deal with any personal data that we collect from you or that you provide to us while visiting the Site. We use your information only as set out in this Privacy Policy. Naturally, if you are not happy with this Website Privacy Policy you should not use the DripFish.com Website. This policy (together with our Copyright Notice and Legal Disclaimer, Advertising Terms and Conditions and any other documents referred to in them) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting the DripFish.com Website, you are accepting the terms of this Website Privacy Policy and you permit the collection and use of your personal data as outlined in this Privacy Statement.

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: 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 may disclose Personal Data to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. We may also share your Personal Data with: Service providers under contract who help with our business operations (such as fraud investigations, bill collection, affiliate and rewards programs). Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service). Law enforcement, governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other Drip Fish User to legal liability. In such events, we will disclose information relevant to the investigation, such as name, city, state, ZIP code, telephone number, e-mail address, User ID history, IP address, fraud complaints, and anything else we may deem relevant to the investigation. Other business entities, should we plan to merge with or be acquired by that business entity, or any parent company, subsidiaries, or other companies under a common control. (Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your Personal Data. If your personal information will be used contrary to this policy, you will receive prior notice.) In the event of an insolvency, bankruptcy or receivership, your Personal Data may also be transferred as a business asset. No Spam, Spyware or Spoofing. We and our Users do not tolerate spam. Make sure to set your Drip Fish communication preferences so we communicate to you as you prefer. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We automatically scan and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content, but we do not permanently store messages sent through these tools. If you send an e-mail to an e-mail address that is not registered in our community, we do not permanently store that e-mail or use that e-mail address for any marketing purpose. We do not rent or sell these e-mail addresses.

Security

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.

Account Protection

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.

Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to others, whether they are on our website or other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. Drip Fish does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Drip Fish encourages you to ask questions before you disclose any personal information.

Changes to this Privacy Policy

This Privacy Policy is subject to occasional updates, and if we make any material changes in the way we use your personal information, we will notify you by sending you a policy update e-mail to the e-mail address you provided to us. Any changes to this policy will be effective upon the earliest of fifteen (15) calendar days following the e-mail notice to you. These changes will be effective immediately for new Users of our Service. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Website or Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

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.


Drip Fish
Reg. 535563
Scar House - Unit 16
co Wexford
Republic of Ireland
+353 (0)51 347059