This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Please note that Section 16 contains certain changes to the general terms for users outside the United States.
Date of Last Revision: Friday, July 14, 2017
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the Rimici Values and Principles, and is our terms of service that governs our relationship with users and others who interact with Rimici, as well as Rimici brands, products and services, which we call the “Rimici Services” or “Services”. By using or accessing the Rimici Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how Rimici works.
Because Rimici provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Your privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Rimici to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
- Sharing Your Content and Information
You own all of the content and information you post on Rimici, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Rimici (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Rimici, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Rimici, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Rimici safe, but we cannot guarantee it. We need your help to keep Rimici safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Rimici.
- You will not collect users' content or information, or otherwise access Rimici, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Rimici.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Rimici to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Rimici, such as a denial of service attack or interference with page rendering or other Rimici functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
- Registration and Account Security
Rimici users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Rimici, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal timeline primarily for your own commercial gain, and will use a Rimici Page for such purposes.
- You will not use Rimici if you are under 13.
- You will not use Rimici if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Rimici that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Rimici if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on Rimici.
- You will not tag users or send email invitations to non-users without their consent. Rimici offers social reporting tools to enable users to provide feedback about tagging.
- Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Rimici within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Rimici.
If you make a payment on Rimici, you agree to our Payments Terms unless it is stated that other terms apply.
- Special Provisions Applicable to Developers/Operators of Applications and Websites
If you are a developer or operator of a Platform application or website or if you use Social Plugins, you must comply with the Rimici Platform Policy.
- About Advertisements and Other Commercial Content Served or Enhanced by Rimici
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf. (This language is included pursuant to a court-approved legal settlement.)
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- Special Provisions Applicable to Advertisers
If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Rimici or our publisher network will comply with our Advertising Policies.
- Special Provisions Applicable to Pages
If you create or administer a Page on Rimici, or run a promotion or an offer from your Page, you agree to our Pages Terms.
- Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
- Your continued use of the Rimici Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Rimici to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Rimici exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Rimici, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Rimici and are not responsible for the content or information users transmit or share on Rimici. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Rimici. We are not responsible for the conduct, whether online or offline, of any user of Rimici.
- WE TRY TO KEEP RIMICI UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING RIMICI AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT RIMICI WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT RIMICI WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. RIMICI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR RIMICI, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR RIMICI WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RIMICI'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Rimici outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Rimici (such as advertising or payments) or operate a Platform application or website. You will not use Rimici if you are prohibited from receiving products, services, or software originating from the United States.
- By "Rimici" or” Rimici Services” we mean the features and services we make available, including through (a) our website at www.Rimici.com and any other Rimici branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Rimici reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Rimici or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Rimici.
- By "content" we mean anything you or other users post, provide or share using Rimici Services.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Rimici or provide to Rimici through Platform.
- By "post" we mean post on Rimici or otherwise make available by using Rimici.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- By “Trademarks” we mean the list of Rimici trademarks.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Rimici, Inc. Otherwise, this Statement is an agreement between you and Rimici Ireland Limited. References to “us,” “we,” and “our” mean either Rimici, Inc. or Rimici Ireland Limited, as appropriate.
- This Statement makes up the entire agreement between the parties regarding Rimici, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Rimici.
By using or accessing Rimici Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time. You may also want to review the following documents, which provide additional information about your use of Rimici:
Rimici Pages Terms
The following terms, as well as our Data Policy and Statement of Rights and Responsibilities, apply to all Pages on Rimici. Additionally, all content on Pages must comply with our Community Standards. You are responsible for ensuring that your Page complies with all applicable laws, statutes, and regulations.
- A Page for a brand, entity (place or organization), or public figure may be administered only by an authorized representative of that brand, entity (place or organization) or public figure (an “official Page”).
- Any user may create a Page to express support for or interest in a brand, entity (place or organization), or public figure, provided that it does not mislead others into thinking it is an official Page, or violate someone's rights. If your Page is not the official Page of a brand, entity (place or organization) or public figure, you must:
- not speak in the voice of, or post content as though it was coming from, the authorized representative of the Page’s subject matter; and
- make clear that the Page is not the official Page of the brand, entity (place or organization) or public figure.
- Content posted to a Page is public and viewable by everyone who can see the Page.
- You are required to restrict access to Pages (through our gating functionality) as necessary to comply with applicable laws and Rimici policies, including our Community Standards.
- You may not establish terms for your Page that conflict with our Statement of Rights and Responsibilities, Data Policy or these terms.
- Page Management
- Page Names and Rimici Web Addresses
Page names and Rimici Web Addresses must accurately reflect Page content. We may remove administrative rights or require you to change the Page name and Rimici Web Address for any Page that fails to meet this requirement.Page names must:
- not consist solely of generic terms (e.g., “beer” or “pizza”);
- use proper, grammatically correct capitalization and may not include all capitals, except for acronyms
- not include character symbols, such as excessive punctuation and trademark designations
- not include superfluous descriptions or unnecessary qualifiers;
- not mislead others into thinking it is an official Page of the Page’s subject matter or is authorized by an authorized representative of the Page’s subject matter; and
- not violate someone’s rights.
- Name Changes and Merges
Name changes and merges must not result in a misleading or unintended connection and must not substantially change the Page’s subject matter. Additionally, you must not request a name change or merge that would result in re-categorizing a product Page to a brand Page, a generic or opinion Page to a brand Page, or a Group to a Page.
- Collection of Data
If you collect content and information directly from users, you will make it clear that you (and not Rimici) are collecting it, and you will provide notice about and obtain user consent for your use of the content and information that you collect. Regardless of how you obtain content and information from users, you are responsible for securing all necessary permissions to reuse their content and information. You will not collect users' content or information, or otherwise access Rimici, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. Don’t use information obtained from a person’s interaction with your call-to-action for any purpose other than to provide the service associated with the call-to-action. If you want to use this information for any other purpose, first obtain a person’s explicit consent.
You must not inaccurately tag content or encourage users to inaccurately tag content (ex: don’t encourage people to tag themselves in photos if they aren’t in the photo).
- Page Names and Rimici Web Addresses
- Page Features
- Branded Content on Pages
- Branded content must comply with our Branded Content Policies.
- You must comply with all applicable laws and regulations, including by ensuring that you provide all necessary disclosures to people using Rimici, such as any disclosures needed to indicate the commercial nature of content posted by you.
All covers are public. This means that anyone who visits your Page will be able to see your cover. Covers can't be deceptive, misleading, or infringe on anyone else's copyright. You may not encourage people to upload your cover to their personal timelines.
- Applications on Pages
Apps on your Page must comply with the Rimici Platform Policies. If you create an offer using Rimici’s offer creation tool, the following policies apply:
- Rimici offers must be available for a limited time.
- You may only run an offer if you are the merchant for or the manufacturer of the product or service you are promoting.
- You must clearly and prominently disclose any restrictions on your offer (such as expiration date or limitations on redemption).
- You are solely responsible for improper redemption, fraud, disputes or other issues that arise from the distribution and/or redemption of your offer.
- If your offer may be redeemed at a merchant not operated by you, it is your sole responsibility to communicate with the merchant and ensure they honor your offer.
- You must only use the offer creation tool for its intended functionality and not to promote your website or other contact information, or to offer the equivalent of a gift card, gift certificate or stored value card.
- You are responsible for ensuring that your offer complies with these terms and all applicable laws, rules and regulations. Offers are subject to many regulations (such as alcohol discounts and offers marketed to minors) and if you are not certain that your offer complies with applicable law, consult with an expert.
- If you use Rimici to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
- The official rules;
- Offer terms and eligibility requirements (ex: age and residency restrictions); and
- Compliance with applicable rules and regulations governing the promotion and all prizes offered (ex: registration and obtaining necessary regulatory approvals)
- Promotions on Rimici must include the following:
- A complete release of Rimici by each entrant or participant.
- Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Rimici.
- Promotions may be administered on Pages or within apps on Rimici. Personal Timelines and friend connections must not be used to administer promotions (ex: “share on your Timeline to enter” or “share on your friend's Timeline to get additional entries”, and "tag your friends in this post to enter" are not permitted).
- We will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.
- If you use Rimici to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
- Branded Content on Pages
- Page Content
- Pages promoting the private sale of regulated goods or services (including firearms, alcohol, tobacco, or adult products) must restrict access to a minimum age of 18.
- Pages that promote or facilitate online gambling, games of skill or lotteries, including online casino, sports books, bingo, or poker, are only allowed in specific countries with prior authorization from Rimici.
- Pages must not promote the sale of prescription pharmaceuticals. Pages for online pharmacies may be permitted with prior approval from Rimici.
- Pages must not contain false, misleading, fraudulent, or deceptive claims or content.
- Don't include third party products, brands or sponsors within your Page's cover photo or profile picture.
- When sharing a third party link from your Page, don’t edit any elements of the post preview.