This is a user agreement ("Agreement") for all legal agreements between you and the Company ("RIFFIT Inc." "RIFFIT" "riffit" "Riffit" "we" or "our" or "VDP, LLC") providing, among other things, the terms and conditions for your use of RIFFITNow.com and SongR.AI websites, as well as our products (collectively, the "Service").
Acceptance of Terms of Service
These Terms, which include our Privacy Policy, are a binding legal agreement and govern your use of the Platform, including all features and functionalities, applications, updates, notifications, user interfaces, and all content and software associated therewith. By using the Service, you accept and agree to be bound by the current version of these Terms. If you do not agree to these Terms, you are not authorized to use, and you should not use, the Platform.
Please note that these Terms may change from time to time. We will post changes to our Terms on the Platform and our website and, if the changes are material, we will provide a more prominent notice (such as e-mail notification and/or prompt to accept the new Terms & Conditions during sign-in). When we make changes to the Terms, we will note the date of its most recent revision. While we reserve the right to make changes as needed without advance notice (for example, to comply with state or federal statute), we will make a good faith effort to provide two weeks' notice of material changes to these policies before the updates come into effect.
Your continued access to or use of the Platform after we have posted changes to the Terms as set forth above and have otherwise complied with the applicable laws regarding changes in the notice, will indicate that you agree to be bound by such changes. If you do not agree to such changes, you should cease accessing or using the Platform.
Use of the Platform
You may use the Content that is generated from SongR.AI online only, and solely for your personal, non-commercial use and you may download a copy of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. However, RIFFIT does not represent or warrant that use of any Content will not infringe rights of third parties. The permitted use described in this paragraph is always contingent upon your compliance with this Agreement. No other use is permitted without our prior written authorization. Further, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service in any way that affects a user's experience, and not to use any data mining, data gathering or extraction methods.
Requests to use Content for any purposes other than as permitted in this Agreement should be directed to support@RIFFITNow.com.
We respect the intellectual property of others and require that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
Basic use of the Platform is offered free of charge to everyone. However, we reserve the right to establish fees for use of the Platform at any time or to charge additional fees for premium services, data access, or additional functionality. You will be notified, through the Platform and/or utilizing the information you provided when creating your account, in the event that new premium services are offered, previously free services become premium, or there is a change in fee structure or amount.
All Users are responsible for their own use of the Platform. As part of your use of the Platform, you agree that you will not:
• Interfere with, or attempt to interfere with, the normal operations of the Platform or any other User's use of the Platform, including by overloading, flooding, spamming, or crashing the Platform or its underlying systems or by altering any profile, reviews, or other information provided by any User;
• Post, share, link to, or submit any content or material that is libelous, defamatory, invasive of privacy or publicity rights, vulgar, profane, indecent, obscene, sexually explicit or exploitative;
• Use the Platform to harass, bully, threaten, humiliate, stalk or otherwise intimidate any other User or any third party;
• Post, share, link to or submit any content or material that constitutes hate speech, promotes violence against any group or person or is otherwise objectionable;
• Post, share, link to or submit any content or material that is fraudulent, false, misleading or deceptive;
• Post, share, or disclose any personally identifiable information regarding any students;
• Impersonate or falsely suggest or claim an affiliation with any other person or entity;
• seek to monetize the Platform, including by providing reviews or endorsements for payment or other consideration;
• Collect, store, or analyze information about other Users, except as authorized by such User;
• Expose the Company to any civil or criminal liability; or
• Violate any applicable law or encourage conduct that would constitute a criminal offense.
Each User is responsible for the content that such User uploads, shares, posts, links to, or otherwise makes available via the Platform including all reviews ("User Content"). You represent and warrant that you own or have sufficient rights, permissions, and licenses in and to all User Content, including without limitation, all text, images, video, audio, or written materials.
Given the nature of the Service and the volume of User Content we generate, we cannot and do not monitor all User Content or other materials posted or transmitted by users and third-party information providers. Occasionally, we may use aggregate data that includes review data in white papers, research reports, marketing intelligence, and other analytics ("Reports"), and our license also allows this specific use. You acknowledge that these Reports may be published or provided to third parties and in connection with the promotion of the Platform, including on our website, social media channels and other marketing and promotional materials and as set forth in these Terms.
We reserve the right, but not obligation, to review, or monitor any User Content or use of the Platform and may remove or restrict access to any User Content we deem to be inappropriate, in violation of these Terms or applicable law. We cannot and do not guarantee that you, as a User, will not be exposed to content you find objectionable or offensive and you waive any right to damages relating to such content. If we believe any User Content is in violation of any applicable laws, we reserve the right to report such User Content and information regarding the User to appropriate authorities including legal authorities. You understand and agree that we cannot control how other Users in the Community may use the Platform, including posting of offensive User Content, or use or share your User Content (on the Platform or otherwise) and release us from all liability arising from any other user's acts.
Marketing and Communications
We may send you notifications about new Platform features, special offers, promotional announcements, and customer surveys via email, notifications within the Platform, text message, or other methods. You may opt-out from receiving future marketing or promotional materials from RIFFIT by following the instructions provided in the electronic communication. Even after opting out of future marketing or promotional communications, you may still receive legal or technical communications from us relating to the Platform. By using the Platform, you consent to receiving electronic communications from us regarding the Platform.
Intellectual Property
User Content: The User will retain ownership of all content created or posted by such User ("User Content"), subject to the license granted to us herein.
Ownership: All content, graphics, audio, video, pictures, trademarks, Platform marks, logos and other material on the Platform, and its underlying software (the "Software"), algorithms, databases, look and feel and arrangement, are the intellectual property of Company, subject to copyright and other intellectual property protections. For clarity, you understand that all reports generated by RIFFIT utilizing the data from the Platform shall remain the property of RIFFIT. The Company mark and logo are the trademarks of Company. All rights in and to our website, the Platform not expressly granted herein are reserved by us. We grant you and you accept a non-exclusive, non-transferable, revocable license to use the Platform and in accordance with our Terms of Service.
Restrictions: You may not use any information provided on or through the Platform for any commercial purpose including by selling, buying, distributing, reposting, or licensing any information or materials you may obtain through use of the Platform, including reviews and other User Content. You may not use any page-scraper, spider, robot, or other automatic device or methodology to access, acquire, copy, or monitor any contacts or content provided on or through the Platform. You may not copy, republish, mirror, transmit, perform, sell, or distribute any part of the Platform, reviews, or User Content for any commercial or other purpose or other than as expressly permitted herein. You may not alter, modify or create derivative works of the Software or Platform and shall not access or attempt to access, reverse engineer, decompile, or otherwise discover the source code of the Software. You will not use or access the Platform in order to develop any competing product or Platform or to conduct benchmarking tests.
Social Features
Our Platform may include social media features, such as the Facebook "Like" button, and widgets, the "Share To" button, or interactive mini-programs. Social media features and widgets are hosted by third parties. Your interactions with these features are governed by the privacy statements of the companies providing them.
Platform Feedback
We may from time to time request our Users to evaluate, assess, or provide feedback regarding the Platform or proposed improvements or new functions for the Platform. You agree that Company will own the results of any such evaluations and feedback and may use such results in its sole discretion. Any improvements, new features, or new Platforms that may be created or developed by Company based on User evaluations will be exclusively owned by Company without right of any User to consideration or attribution.
Maintenance and Changes to the Platform
We reserve the right to issue corrections or modifications or upgraded versions of the Platform at any time in our discretion. We will try to provide you with advance notice of any potential downtime for the Platform. However, you acknowledge that from time to time the Platform may be unavailable without notice, including to allow for maintenance, upgrades, and corrections, and, unless otherwise agreed between the parties, RIFFIT shall have no liability for such downtime. We will use commercially reasonable efforts to restore the Platform to operation as promptly as possible.
Termination
We may at any time cease to continue operating part or all or selectively disable certain aspects of the Platform. We may terminate your use of the Platform with or without prior notice to you. To request the deletion of your account and your personal data that we have on file please email us at support@RIFFITNow.com. We will respond to your request in a reasonable timeframe. Upon deletion of your user account, all the User Content posted/created by you prior to the deletion of the account will be deleted from the platform.
WARRANTY DISCLAIMER
THE PLATFORM AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE PLATFORM, SOFTWARE, OR ITS CONTENT, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD-PARTIES' INTELLECTUAL PROPERTY RIGHTS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY, OR COMPLETENESS OF THE PLATFORM, THE SOFTWARE, ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE PLATFORM OR THAT THE PLATFORM WILL BE ACCESSIBLE AT ANY SPECIFIC TIME. ALL USE OF THE PLATFORM IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PLATFORM, YOUR SOLE REMEDY IS TO DISCONTINUE USE AND OBTAIN A REFUND FOR ADVANCE PAYMENTS, IF ANY, AS SET FORTH IN THESE TERMS.
If you are an individual user, we hereby expressly disclaim, and you accept such disclaimer, any liability for any loss or damage to you or any other user arising from your use of the platform. If you have a dispute with any other user regarding any user content or the use of the platform, you hereby release us from any and all liability, claims, demand, and damages associated with such dispute or the underlying transaction.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO ANY INDIVIDUAL USER IN CONNECTION WITH USE OF THE PLATFORM, EXCEED THE LESSER OF (I) $50 AND (II) THE TOTAL AMOUNT THAT YOU PAID TO US FOR USE OF THE PLATFORM DURING THAT YEAR OF USE OF THE PLATFORM, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, SPECIAL, AND/OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOOD WILL, PROFITS, OR BUSINESS. ANY CLAIM OR CAUSE OF ACTION BY YOU MUST BE BROUGHT WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE OF THE EVENT RESULTING IN SUCH CLAIM OR ACTION. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE KNEW, SHOULD HAVE KNOWN, OR WERE FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGES BUT WILL NOT APPLY TO ANY INTENTIONAL DAMAGE OR DAMAGE CAUSED BY OUR KNOWING VIOLATION OF APPLICABLE LAW.
Indemnification
You hereby agree to indemnify, defend, and hold Company and its affiliates and each of their owners, members, directors, officers, managers, employees, independent contractors, subcontractors, agents, and representatives ("Indemnified Parties") harmless from any claim, cause of action, proceeding, liability, taxes, damages, loss, attorney fees, cost, and expenses arising from or related to (i) your breach of the Terms of Service, (ii) your breach of the Privacy Policy, and/or (iii) your use of the Platform, including any User Content you may submit or post on the Platform.
Miscellaneous Provisions
Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.
Entire Agreement. The Terms of Service, together with this Privacy Policy and any other legal notices or policies published by us through the Platform (the "Agreement"), constitute the entire agreement between you and Company concerning your use of the Platform. Any modification of the Agreement must be in writing, executed by a duly authorized officer of the Company. Notices. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
ARBITRATION PROVISIONS
ANY CONTROVERSY OR DISPUTE BETWEEN THE COMPANY AND YOU ARISING OUT OF OR RELATED TO THE TERMS OF SERVICE AND/OR YOUR USE OF THE PLATFORM THAT CANNOT BE SETTLED BY MUTUAL AGREEMENT SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION.
ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AMERICAN ARBITRATION ASSOCIATION (AAA). IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (30) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.
YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.
THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT, BY SIGNING THIS AGREEMENT, THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT THE COMPANY MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.
ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE- AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.
You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of Massachusetts.
Attorneys' Fees. We shall be entitled to be reimbursed by you, our reasonable costs and expenses (including reasonable attorneys' fees) incurred in connection with the enforcement of these Terms of Service and Privacy Policy against you.
Contact Us
If you have any questions regarding these Terms of Service, you may contact us at support@RIFFITNow.com
We encourage individuals covered by this Agreement to raise any concerns that they have about the way that we process their personal information by contacting us as described above. We take your questions and concerns seriously, and we will use commercially reasonable efforts to resolve them.