Ripzie LLC -  General Terms of Service

Effective Date: 07/01/2024

Updated: 09/17/2024

Welcome to Ripzie!

 

We're here to help with your branding needs and want to make sure you have a great experience. These Terms of Use explain the rules for using our website and services. 

​

1. Introduction

These Terms of Service govern your access to and use of our branding and consultation, software, systems, and services. By subscribing to our services or using our systems, services, or technologies, you accept and agree to these terms in full. If you disagree with any part of these terms, please do not use our services.

​

2. Acceptance of Terms

By clicking “I Agree” at the time of subscription or by continuing to use our services, you confirm your acceptance of these terms and agree to be bound by them. By agreeing to these terms you also agree to Ripzie's Privacy Policy, Refund and Cancellation policy, and Members Code of Conduct. This forms a legally binding contract between you (the user) and Ripzie LLC. The terms related to our plans referred to as Plan Policies and our Project Modules referred to as Project Details and Project Terms are also legally binding contracts and act in addition to these general Terms of Service.

​

3. Definitions

• Service Provider: Ripzie LLC, also referred to as "we/us/our" and Ripzie.

• User: Any person, entity, or agent, authorized or unauthorized, using any part of the services provided by the service provider. Also referred to as "Client", "Subscriber", "you/your".

• Derivative Works: New creations based on the original deliverables provided by Ripzie LLC, such as adaptations for specific social media posts.

• Deliverables: All finalized and complete materials developed or delivered by Ripzie LLC, such as branding materials, names, logos, specified digital files, graphics, and documents.

• Intellectual Property: All copyrights, trademarks, patents, trade secrets, process, systems and any other proprietary rights software or source code.

• Fully Custom: Designs that are entirely original and created solely for the client.

• Semi Customizable: Pre-existing designs tailored to meet the client's brand guidelines, style, or taste, such as a customized template.

• Productized Service: A service engineered into a specific project with a predetermined objective, scope, timeline, and price.

• Month: One subscription renewal cycle beginning on the payment due date upon successfully processed, full and complete payment for the billing period.

• Project Module: A specific productized service available as part of our branding plans.

• Project Module Details: Specific terms of service and details describing the scope, deliverables and timeline of the project module.

• DAM: Digital asset management system.

​

4.  General overview of services

• Branding Subscription Plans: We offer a variety of branding services such as discovery, brand strategy, naming, brand design, art direction, and band consultation. Our services come with a monthly subscription that renews automatically. You must be a member to purchase a branding subscription plan from our website.

• Basic Branding Services: Include brand strategy, brand design, brand identity design, brand campaign design and assessment.

• Project Modules: We define the details of every brand project module on a service page and in the plan terms. Some projects must be completed before others can start. For example, you must complete your Brand Strategy before starting a Brand Identity project.

• Members areas: All users have the ability to become a member and manage accounts through the members portal. Paid Subscribers may have access to more features based on their subscription level.

• Access to software: If we offer access to software Ripzie is licensed to use such as a digital asset management system third-party terms and conditions also apply. Users of our DAM are limited to 10 gigabytes storage. Overages caused by user uploads may be charged back to user.

• Files and educational materials: Some members may have access to files and materials based on their level of subscription all or these downloadable files remain copyright by Ripzie and are only for internal use of the subscribing user.

• Plan Policies and and project details contain the specific services or deliverables offered with that plan and/or project. 

​

5. Ownership of Intellectual Property

• Ripzie LLC's Property: All original content created by Ripzie LLC, including unused concepts and preliminary works, shall remain the property of Ripzie LLC unless otherwise transferred in writing to the user.

• Intellectual Property Rights: Ripzie LLC retains all rights, title, and interest in and to the services and all related content and proprietary technologies,

• User's Pre-existing IP: Any intellectual property provided by the user for integration into the deliverables remains the property of the user.

• Final Works: Ripzie LLC retains the right to display all works in its portfolio and marketing materials.

• General strategies, systems, methods, process and frameworks belong to Ripzie. 

• Project module details contain the licensing and usage rights for the associated project deliverables. 

​

6. Trademarks and Registrations

• The user is responsible for registering any trademarks developed by Ripzie LLC as part of our services.  

• The service provider cannot guarantee and shall not be held responsible for the denial or approval for the registration of any trademark.

​

7. Restrictions and Prohibitions

• The user agrees not to reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the components of the services or permit or authorize a third party to do so.

• The user is prohibited from using the deliverables in any manner that disparages Ripzie LLC or its associates or in a manner that is deemed inappropriate or unlawful.

• Users are not permitted to use the deliverables for any purposes outside of the scope explicitly granted by the provider. Campaign deliverables cannot be reused for new campaigns or other marketing initiatives beyond the original scope without a renewed agreement.

• Users may not sell or distribute any campaign-specific deliverables without the express written permission of Ripzie LLC.

​

8. Term and Termination

• This Agreement remains effective until terminated. Ripzie may terminate this agreement immediately upon any breach by the user of the terms herein.

• Upon termination, all licensing rights granted under this agreement will revert to Ripzie, and the user must cease all use of the deliverables, excluding Core Brand Assets that have been finalized and completed in accordance with the terms of service.

• The user may cancel their subscription at any time. Please read our full Refund and Cancellation Policy  

​

9. User Account and Security

• Registration and Account Integrity: Users are required to register for an account to access subscription services. Users must provide accurate, complete, and updated registration information. Each user is responsible for their own account, including making appropriate security arrangements to protect account access and credentials.

• Account Responsibilities: Users are responsible for all activities that occur under their account, whether or not authorized. Ripzie LLC is not liable for any loss or damage arising from unauthorized use of a user’s account.

​

10. Artistic Release

Promotional Rights: Ripzie LLC retains the right to display and promote completed projects in its portfolio, on websites, in advertisements, and in other marketing materials, subject to any confidentiality agreements or specific exclusions agreed upon with the user.

​

11. Data Protection Policy

• Data Handling and Security: Ripzie LLC is committed to protecting the security of the user’s personal information. Personal data received is used exclusively for the delivery of services and is not shared with third parties except as required by law or necessary for the provision of the service. Ripzie is not responsible for lost data. Users are encouraged to download or back up all data or deliverables. Please also refer to our Privacy Policy. 

​

12. Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

• Arbitration: Disputes arising from or relating to the agreement, including the breach, termination, enforcement, interpretation, or validity thereof, will be resolved by binding arbitration in Colorado, except that either party may seek emergency equitable relief before the state or federal courts located in Colorado to maintain the status quo pending arbitration.

​

13. Amendments and Modifications to Terms

Ripzie LLC reserves the right to modify these terms at any time. Such modifications will be effective immediately upon posting on our website or upon notification to the user. Your continued use of the services after any such changes shall constitute your consent to such changes. Any changes that directly effect project specific terms that apply to already active project modules will become effective on your subscriptions next monthly renewal date and will not effect active projects already underway.

​

14. Indemnification

User's Indemnification Obligation: You agree to indemnify, defend, and hold harmless Ripzie LLC, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting solely from any violation of these terms by you or any actions related to your use of the service, provided that such actions do not result from Ripzie LLC's negligence or willful misconduct.

​

15. Limitation of Liability

General Limitation: Ripzie LLC will not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or the inability to use the service, including but not limited to reliance by you on any information obtained from the service or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Ripzie LLC's records, programs, or services.

Consumer Users: If you are a consumer, Ripzie LLC does not exclude or limit in any way its liability to you where it would be unlawful to do so.

​

16. Disclaimer

• Ripzie LLC provides branding and content creation services, including consultation services specifically related to brand strategy and development. Our expertise is focused on helping you build and enhance your brand identity.

• No Legal Advice: The services and deliverables provided by Ripzie LLC do not include legal advice. Users should seek the advice of a qualified legal professional for any legal matters or questions.

• No Financial Advice: Ripzie LLC does not provide financial advice or services. Users should consult with a qualified financial advisor for any financial planning, investment, or related matters.

• No General Business Consulting: While we provide branding-related consultation, Ripzie LLC does not offer general business consulting services. Users should consult with appropriate business consultants or advisors for comprehensive business strategies and advice beyond branding.

• By using Ripzie LLC's services, you acknowledge and agree that any decisions or actions you take based on the information and deliverables provided by Ripzie LLC are your own responsibility. Ripzie LLC will not be held liable for any legal, financial, or broader business decisions made by users based on the information or deliverables provide

• Ripzie reserves the right to offer discounts, promotions, and custom services, or to limit or refuse services to any individual or entity to the fullest extent permitted by law.

 

17. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of these Terms of Service shall continue in full force and effect.

​

18. User Conduct and Restrictions

You agree to use our services responsibly and ethically. You must not:

• Harass, abuse, or harm other users.

• Post or share any content that is illegal, harmful, or violates someone else’s rights.

• Reverse engineer, decompile, or disassemble our services.

• Use our deliverables in a way that harms our reputation or is illegal.

• Engage in spamming, phishing, or any fraudulent activities.

• Introduce malware, viruses, or any harmful code to our systems.

• Attempt to gain unauthorized access to our services, user accounts, or networks.

• You must not submit or post materials, data, or files you do not own the copyright to or have full written legal rights to use. 

​

19. Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions.

• Arbitration: Disputes arising from or relating to the agreement, including the breach, termination, enforcement, interpretation, or validity thereof, will be resolved by binding arbitration in Colorado, except that either party may seek emergency equitable relief before the state or federal courts located in Colorado to maintain the status quo pending arbitration.

​

20. Separate Policies

By agreeing to these Terms of Use or continuing to use our services, you also agree to our Privacy Policy, Refund Policy, and Members Code of Conduct.

​

21. Survival of Terms

The following sections will survive the termination of your subscription or the cessation of use of our services: Licensing and Intellectual Property, Who Owns What, Trademarks, User Conduct and Restrictions, Indemnification, Artistic Release, Data Protection, Dispute Resolution, Limitation of Liability, Disclaimer, Severability, and this Survival of Terms clause.

​

  

​

Member Conduct Policy

​

1. Code of Conduct for members area website forums and blog

1.1 Respect and Professionalism
Members must treat all other members, staff, and associated parties with respect and professionalism. Harassment, discrimination, or any form of abusive behavior will not be tolerated.

1.2 Compliance with Laws
Members must comply with all applicable local, state, and federal laws and regulations. Any illegal activities or violations of these laws will result in immediate termination of membership and services.

1.3 Honesty and Integrity
Members must conduct themselves with honesty and integrity. This includes providing accurate information when registering, engaging in truthful communications, and avoiding deceptive or fraudulent behavior.

1.4 Intellectual Property
Members must respect the intellectual property rights of others. Unauthorized use, reproduction, or distribution of content belonging to other members or third parties is prohibited.

1.5 Confidentiality
Members must maintain the confidentiality of any proprietary or sensitive information obtained through Ripzie. Unauthorized disclosure of such information is strictly prohibited.

1.6 Use of Platform
Members must use Ripzie’s platform and services as intended and avoid any actions that could harm, disrupt, or interfere with the operation of the platform, other members, or associated services.

1.7 Content Guidelines
Members must adhere to Ripzie's content guidelines when posting, sharing, or uploading content. This includes avoiding content that is obscene, offensive, defamatory, or otherwise inappropriate.

1.8 Conflict Resolution
Members are encouraged to resolve conflicts amicably and respectfully. Ripzie reserves the right to take appropriate action, including termination of membership, if disputes cannot be resolved.

​

2. Consequences of Violation

2.1 Investigation and Action
Ripzie reserves the right to investigate any reported violations of this Code of Conduct. Members found to be in violation may face consequences, including but not limited to warnings, suspension, or termination of membership.

3. Amendments

Ripzie reserves the right to amend this Code of Conduct at any time. Members will be notified of any changes and are expected to comply with the updated terms.

​

​

​

Privacy Policy

1. Introduction

This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our digital platform and use our services. We value your privacy and are committed to protecting your personal information.

​

2. Information Collection

Personal Information: We collect personal information that you voluntarily provide to us when registering to use our services, expressing an interest in obtaining information about us or our products and services, participating in activities on the Services, or otherwise contacting us. This information includes but is not limited to names, email addresses, mailing addresses, phone numbers, and job titles.

Payment Information: When you make purchases through our services, your payment-related information is processed by our third-party payment processors. We do not store your payment card information after your subscription has been canceled.

​

3. Information Use

We use the information collected via our platform for a variety of business purposes described below:

To Provide Services: Administering accounts, managing contracts, processing payments, and delivering services.

To Improve Services: Analyzing user feedback and usage trends to enhance our offerings and user experience.

For Marketing: Sending emails and other communications that we think will be of interest to you, including information about our services and promotions.

​

4. Information Sharing

Service Providers: We may share your information with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work.

Legal Obligations: We may disclose your information as required by law, such as to comply with a subpoena, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.

Business Transfers: If Ripzie LLC is involved in a merger, acquisition, or sale of all or a portion of its assets, your information may be transferred as part of that transaction.

​

5. Data Security

We implement reasonable precautions to protect your personal information and ensure that such information is not accessed, disclosed, altered, or destroyed. However, no internet or email transmission is ever fully secure. Therefore, you should take special care in deciding what information you send to us via email or download to our platforms.

​

6. Data Retention

We will retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements. If your payment fails to process, we will cease providing services until we receive payment and past debts are cured. If your account is inactive or unpaid for more than sixty days, we will permanently close your account and delete your files from our digital file management system.

​

7. Your Privacy Rights

Access and Control: You have the right to access, correct, amend, or delete information we hold about you. If you wish to exercise these rights, please contact us.

Opt-out of Communications: You may opt-out of receiving promotional communications from us by following the unsubscribe instructions in those communications.

​

8. Changes to This Privacy Policy

We may update this privacy policy from time to time to reflect changes to our practices or for other operational, legal, or regulatory reasons. If we make significant changes, we will notify you by email or through a notice on our services.

​

​

​

Returns and Cancellation Policy for all Subscription Banding Plans

1. Introduction

This policy outlines the terms regarding cancellations and refunds to ensure clarity and mutual understanding between Ripzie LLC and our users.

​

2. Cancellation Policy

Subscription Cancellation by User: Users can cancel their subscription at any time. Cancellation must be submitted in writing to Ripzie LLC via email or through the designated feature on our website. To avoid charges for the upcoming billing cycle, users must cancel their subscription before the renewal date. Please note that cancellation requests might take a few days to process, and a cancellation is not complete until you receive a confirmation from us.

Effects of Cancellation: Upon cancellation Ripzie will complete any active projects that you have already paid for to the best of our ability by the last day of your last paid period then download your final deliverables to the DAM and un-publish any brand identity websites owned by ripzie provided as part or our brand subscription plans within 14 days of your scheduled subscriptions next renewal date. You then you have 14 days to download any final deliverables and any other files before you loses access to our DAM. We are then relived of any further service obligations after cancellation.

Brand identity sites: You will loose access to all brand identity websites provided by Ripzie. We will un-publish any brand identity websites owned by Ripzie provided as part or our brand subscription plans no later than 30 days after your subscription end date.  Users are encouraged to download or back up any deliverables prior to cancellation.

​

3. Refund Policy

Subscription Services: Ripzie LLC does not provide refunds or credits for any partial subscription periods or unused services. All payments are non-refundable, and we do not provide refunds or credits for any partial-month subscription periods.

Exceptional Circumstances: In exceptional circumstances where Ripzie LLC clearly fails to fulfill our contractual obligations, a partial or full refund for one month's services may be considered at the discretion of Ripzie LLC. Such instances will be handled on a case-by-case basis. Users seeking consideration for a refund under such circumstances should contact Ripzie LLC directly with all relevant details about their subscription and the issues encountered.

​

4. Changes to Subscription Plans

Users may upgrade or downgrade their subscription plans according to their needs. Changes to subscriptions will take effect at the beginning of the next billing cycle. 

​

5. Modifications to the Refund and Cancellation Policy

Ripzie LLC reserves the right to modify or update this policy at any time. Such changes will be effective immediately upon posting on our website or by direct communication to our users. Users are encouraged to periodically review this policy to stay informed about our terms of refunds and cancellations.

​

​

If you have any questions or concerns, please contact us.

Thank you for being part of the Ripzie community!

Contact Information contact us at [aaron@ripzie.com].

​