1. Your Agreement
Riva provides multiple products including – Ringo, Hola, Flock, Bubble and Poof (each a “Product”). Each Product and Riva have their own websites (each known as “Website” and altogether the “Websites”)
Each Product’s mobile and desktop application, software, design, servers, data, user input, content, Website, and associated services (individually “Service” or “App” and collectively “Services” or “Apps”) are owned and operated by Talk.to FZC (“Riva”) and are licensed to you in accordance with the terms of this End User License Agreement (“Agreement”).
This End user license agreement is applicable to each App you install
The Apps are © 2014 Talk.to FZC.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE YOU INSTALL AND RUN THIS APP ON YOUR DEVICE. YOUR INSTALLATION, USE, OR OPERATION OF THIS APP CONSTITUTES YOUR MANIFESTATION OF ASSENT TO AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND MUST TERMINATE YOUR USE OF AND UNINSTALL THE APP IMMEDIATELY. THIS AGREEMENT DOES NOT REPLACE BUT IS IN ADDITION TO ANY ITUNES AGREEMENT REQUIRED BY APPLE AND ANY GOOGLE PLAY AGREEMENT REQUIRED BY GOOGLE IN ORDER TO DOWNLOAD AND USE THE APP.
No Emergency Calls.
It is important that you understand that the App is not a replacement for your mobile phone. The Services are not meant to and do not support or carry calls to emergency services of any kind. Riva will not be liable for any attempted emergency calls.
Riva and you both acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. Riva and you both further acknowledge and agree that this Agreement is between us only, and not Apple, and that maintenance and support, warranties, product claims, intellectual property infringement disputes are not the responsibility of Apple.
Riva reserves the right, in its sole and absolute discretion, to discontinue the App or to modify, change, replace, or discontinue this Agreement. If Riva modifies, changes, or discontinues the terms of this Agreement, your continued installation or use of the App constitutes your acceptance of and manifestation of assent to any modification, change, or replacement.
2. App terms
Riva reserves the right to charge a fee for the App and related Services as specified on the Product Website presently or in the future.
By downloading and using the App, you agree that Riva, and our designees and agents, may contact you by any available means, including, but not limited to, by email.
You acknowledge and agree that Riva is a service provider and will not be held liable for any costs or fees incurred by you through your use of the App, including but not limited to mobile carrier fees, SMS or other text message fees, or payment provider fees.
Riva Products that provide voice calls do not guarantee that you will be able to connect with every number in every country. Riva reserves the right to cancel or suspend services to or for any specific number ranges, telecommunications service providers, countries, states, or geographic regions, or any other number grouping or service location, at any time and for any duration at our sole discretion.
Ringo specific terms
Ringo provides inexpensive call rates for your international calls. Ringo provides in-country numbers (“Ringo Numbers”) for your contacts. When you call one of your contacts through a Ringo Number, we will connect you with your contact and you pay our rates instead of your provider’s international rates. You are responsible for paying your provider’s rates to call a Ringo Number.
3. Your Warranties and Representations:
You warrant and agree that you have the right, power, and legal capacity to enter into this Agreement and to adhere to the terms and conditions hereunder. You further warrant and agree that you are not prohibited from entering into this Agreement or prohibited from downloading the Apps or using the Services by any preexisting agreement or otherwise. You warrant and agree that you are a human individual that is at least thirteen (13) years of age or older. If you are thirteen (13) or older but under the age of eighteen (18), you should review this Agreement with your parent or guardian to make sure that you or your parent or guardian understand it and allows for your use of the App. You agree to comply, in good faith, with the terms of this Agreement.
All users of the Services further warrant the following:
1. You agree to comply with the terms of this Agreement in good faith.
2. You will not use the Services outside of the uses specifically provided for under this Agreement, including any and all licenses.
3. You will not use the Services in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.
4. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
5. You understand that Riva cannot guarantee preservation of records and may delete or modify information without notice at its sole discretion.
6. You will not make any derivative works of the Services or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Services.
7. You will not use the Services to post, upload, communicate or transmit any false, misleading, personal, or defamatory content and you will not use the Services to infringe on any copyright, trademark, trade secret, patent, or any other proprietary or personal right.
8. You will not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, mine, transmit, or sell the Services in any form or by any means, in whole or in party, without the prior written consent of Riva.
9. You will not distribute Trojan horses, viruses, malware, spyware, spam, pyramid schemes, chain letters, or any other harmful or unsolicited files or communications from, by or through the Services.
10. You will not harvest, scrape, or otherwise collect information about users of the Services.
11. You will not use the Services to sell any products and services if you are not an approved advertiser or otherwise have the express written permission of Riva.
Riva does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Services. Services are operated worldwide and Riva makes no representation that its Services are appropriate, lawful, or available for use in your location. Riva does not offer Services where prohibited by law. If you are in a jurisdiction in which use of the Services are prohibited by law, you may not use the Services.
4. Limited License Grant
The App and related materials, including but not limited to any text, names, marks, statistics, graphics, photos, images, sounds, music, videos, software, scripts and interactive features, as well as its associated data and services generated by us, is the property of, owned by and licensed through Riva. Riva grants you a limited, non-exclusive, royalty free, non-sublicensable, non-transferrable, and non-assignable license to install and use one copy of the App in executable object code form to be used on a single mobile or portable device for non-commercial, personal purposes.
You are prohibited from copying, making derivative works of, modifying, publicly performing, publicly displaying, streaming, exploiting, broadcasting, decompiling, adapting, distributing, reproducing, republishing, scraping, transmitting, selling, posting, or hacking the App, in whole or in part, without the prior written consent of Riva.
You are prohibited from using the trademarks, service marks, design marks, and logos of Riva, or any colorable imitation thereof, or any mark not owned or licensed by you, including, without limitation the brand names and trademarks of the Products and “RIVA” or the Riva logo(s), as an indicator of source, as a part of a domain name, or in any way that is likely to cause confusion without the prior written consent of Riva. The App is subject to all intellectual property laws, including but not limited to trademark, copyright, patent and other privacy and proprietary laws. All trademarks, images, copyrights or rights of publicity displayed in connection with your use of the App are the property of their respective owners.
You are prohibited from using the App for any use not explicitly stated in this Agreement, absent separate written agreement signed by Riva and you pursuant to a binding agreement. Such unauthorized uses may include:
1. Any use inconsistent with or in violation of this Agreement or any local, state, provincial, national, or international law, regulation, statute, ordinance, or treaty, including in any country embargoed by the United States;
2. Any commercial use, such as the resale or republication of the App;
3. Any modification of the App, including, but not limited to, translation into another computer language or the creation of derivative works from the App;
4. Any use of the App outside of its customary or intended purposes;
5. Any use of the App to defraud, to impersonate, to harass, to violate the rights of third parties, or to collect personal or personally identifiable information from users of the App without their knowledge or consent;
6. Any use of the App to transmit any material that depicts violence, that is racist, xenophobic or otherwise culturally or ethnically offensive, or that is obscene, pornographic, salacious, explicitly erotic, exploitative, or otherwise offensive;
7. Any use of the App to defraud, to impersonate, to harass, or to collect personal or personally identifiable information from users of the App without their knowledge or consent;
8. Any use of the App to participate in or promulgate gambling, ponzi schemes, pyramid schemes, chain letters, or unsolicited bulk or commercial emails (SPAM);
9. Any use of the App that involves internet relay chat servers (“IRCs”) or IRC bots;
10. Any use of the App to cheat, exploit, or otherwise interfere with any lawful activity;
11. Any other activity that disrupts the App or its associated services, including, but not limited to, through hacking or denial of service attacks; or
12. Any use of the App after you have been removed by Riva or previously banned.
The Services may contain licensed materials from third parties and those third parties may enforce their rights in the event of a breach of this Agreement.
In order to download and/or use the Services, you must provide certain information to register. You agree to provide Riva with accurate, up to date, and complete information. Registered users understand and agree that they have an ongoing duty to update their personal information if and when it changes. Registered users agree to keep their accounts and devices secure from unauthorized access. Registered users alone are responsible for their accounts and devices, and accept full responsibility for any and all use of their accounts and devices, whether authorized or unauthorized. In the case of unauthorized access to an account, you agree to contact Riva immediately. You are responsible for any charges to your account.
You are responsible for conducting themselves in accordance with this Agreement.
By creating an account, you agree that Riva, and our designees and agents, may contact you by any available means, including, but not limited to, by email, telephone, text messages, push notifications or messages within the Services.
Riva reserves the right to restrict access to, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your account.
You understand and agree that Riva provides software and related services and takes no responsibility and cannot be held liable or responsible for any interaction between users of the Services, whether with advertisers, through accounts, with third-parties, or otherwise. Riva makes no representations or warranties as to the truth or falsity of any information submitted to the App or provided by Riva or any user of the App, or the legality, quality, or safety of the services offered through the App. Riva may or may not undertake efforts to verify the identity of its users, you understand and agree that Riva cannot be held liable for any user’s failure to truthfully or accurately disclose the user’s identity.
Riva may establish and modify, in its own discretion, at any time and without prior notice, practices and limits concerning use of the App, including, without limitation, limits on the amount of time data is retained, limits on amount of data that may be submitted to the Services, limits on the length of calls places using the Services, limits on the amount of times a user may access the App. Riva reserves the right to log off and/or delete accounts that are inactive for an extended period of time.
If you have installed the App on your device, you agree that Riva may automatically install and update any bug fixes, enhanced functions, new modules or completely new versions of the App directly on your device without your prior permission.
Riva reserves the right to charge a fee to download and/or use the App and any part thereof in the future.
Flock specific terms
Although Riva provides the Service, Riva makes no representations as to any particular organization’s policies, guidelines and procedures concerning content submitted through and use of the App. We encourage you to check your organizations policies, guidelines, and procedures before using the App. You understand that an organization’s Administrator may have certain ability to access User Accounts and related information.
If you learn that a User Account holder is not authorized to be a user with your organization or is otherwise violating this agreement, please notify us by email at firstname.lastname@example.org.
6. Charges and Payment
Ringo, Hola and Tring Specific terms
Our calling rates and charges are provided within the App and are incorporated into this Agreement by reference. The rates and charges depend on several factors, including, but not limited to, location and type of destination phone number, the user’s location and the type of phone or device used to make the call, pricing conditions provided on our website and any current promotions that may be available.
You are responsible for checking all applicable rates and charges prior to placing a call with the App. We may change the billing period or the rates and charges at any time by posting changes on the website. Any change that is required by law or governmental authority will be effective immediately.
Charges for calls are measured in whole minutes and fractions of a minute will be rounded up to the next whole minute. Timing of the call begins when the call is answered by your contact, including voicemail or an automatic reply. Timing of the call ends when the user hangs up or when Riva receives a signal that the call has terminated from the terminating carrier.
All calls are pre-paid. You may add to your account balance at any time on the Website or through the App. When a call is charged against your account, we will charge against available balance purchased by you. You agree to pay all taxes, including VAT where applicable, fees and other charges that we bill for the Services. You agree to pay for the Services at the rates and charges listed on Website. You acknowledge that calls in progress may be terminated if your account balance is insufficient to cover the cost of continuing the call.
You agree that you will notify us of any changes to your payment information, including card expiration dates. You understand and agree that if for any reason your account balance becomes negative, you hereby authorize us to charge the negative account balance to any credit or debit card on file with your account without any additional confirmation. We reserve the right to retain any payment information and to charge any card or other payment information for any outstanding amounts on your account so long as your account remains active and for a reasonable period after an account is terminated. If the charge to your account is not accepted for any reason (other than your good faith dispute of a charge), we may charge an additional fee of $10 per transaction and a late fee of $10 per month. We will apply such fees to your unpaid balance.
All rates and charges are reflected in U.S. dollar amounts and all payments must be made in U.S. dollars.
You are responsible for reviewing your billing information. If you believe that Riva has charged your account in error, you agree to notify us of any disputed charges within ninety (90) days after the date the alleged error appears in your account history or within 120 days after the error occurred, whichever is earlier, in writing in English via email to: legal@Riva.co
If we determine that a billing adjustment is appropriate, we will credit your account. If you fail to timely notify us of a billing dispute, you understand that you hereby waive all rights to bring any claim regarding a charge to your account.
Amounts used are nonrefundable. You acknowledge and agree that if we discontinue the services while your account is active, we are not obligated to refund you any of the prepaid amounts you purchase. Only make prepayments to your account if you believe that you will use the balance.
Prepaid amounts you purchase will remain credited to your account and will not expire so long as your account remains active. If your account expires, you acknowledge that we are not obligated to refund to you any prepaid amounts purchased by you.
Ringo and Hola Specific terms
You understand that you will pay any additional charges you incur if you connect to the services through a phone number provided by the Product while you are in a country that is not the same country associated with your network or mobile phone provider (“Roaming Charges”). Roaming Charges will be charged in addition to any charges you may incur when using the App from another country.
7. Account Termination
You may choose to stop using your account at anytime. You acknowledge that you will not be entitled to a refund of any unused prepaid balance in your account as of the date you terminate your account. You also acknowledge that you will remain responsible for payment of all charges for Services up through termination.
If your account balance is depleted and you do not replenish your account balance within 6 months, we may elect, in our sole discretion, to terminate your account. If your account remains inactive for 12 months, we may elect, at our sole discretion, to terminate your account. If you wish to keep your account active, you may request an extension of this expiration period by notifying us by email at support@Riva.co. We may, at our sole discretion, grant an extension request. We are not obligated to provide an extension nor are we obligated to refund any prepaid balance remaining in your account if your account terminates. We may charge, at our sole discretion, a reactivation fee to reactivate a terminated account or to keep an account from expiring.
We reserve the right, at our sole discretion and for any reason, including, but not limited to, your breach of this Agreement or your unlawful use of the Services, to suspend, restrict, modify or terminate your account and your access to and use of the Services. If your account is suspended, restricted, modified, or terminated, you understand and agree that you are still responsible for any charges that accrue through the date that we fully process any such suspension, restriction, modification or termination. You agree to reimburse us for any reasonable costs we incur in collecting charges owed to us, including attorneys’ fees.
Upon termination of your Account, Riva will have no obligation to maintain or provide you with any information associated with your Account, including User Generated Content referenced below. We will delete or destroy all such information in our possession or control within a commercially reasonable period, unless we are legally required to do otherwise. This information cannot be recovered.
We also reserve the right, at our sole discretion and for any reason, to suspend, modify, restrict, or discontinue the Services at any time.
8. Customer Service
If you have any questions, concerns or complaints about our Services, you may contact our Customer Service through the feature provided within our App and on our Website. Please allow up to 72 hours for a response email.
8. User Generated Content
Some Riva Products provide users with the ability to submit user generated content to the Services, which may include but is not limited to text, comments, photos, videos, audio, and other content (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content.
By submitting User Generated Content to the Services, you grant Riva a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to access, analyze, and interpret your User Generated Content for the customary and intended purposes of the Services and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the User Generated Content in the App. These purposes may include, but are not limited to, providing you or third parties with the Services or Riva’s associated products and services, improve the Services and/or develop new features, measure usage of the Services, and publish summaries online or offline. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Services, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You acknowledge and agree that you are solely responsible for any User Generated Content that you submit to the Services. You warrant that you are the exclusive owner of all right, title, and interest in and to any User Generated Content that you submit to the Services and that you have the right to license and/or convey all right, title, and interest in and to the User Generated Content free and clear of any and all claims, liens, or encumbrances. You warrant that any User Generated Content that you submit to the Services will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You acknowledge and agree that Riva may or may not pre-screen User Generated Content prior to submission and that Riva has the right, but not the obligation, in its sole discretion to pre-screen, refuse or remove any User Generated Content that is submitted to the Services. Riva has the right in its sole discretion to remove any User Generated Content that violates this Agreement or that is otherwise objectionable. Riva reserves the right to, in its sole discretion, reject any request to submit User Generated Content to the Services.
9. Copyright Policy
Riva will respond to specific notices of copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Riva may expeditiously remove copyright infringing materials from its App, regardless of Riva’s liability, upon receipt of a notice that complies with the terms of the Digital Millennium Copyright Act’s § 512, located at 17 U.S.C. § 512(c)(3). Upon removal of any materials that are alleged to be infringing, Riva will make a good faith attempt to notify the owner or uploader of the materials so that they may respond with a counter-notification under 17 U.S.C. § 512(g)(3).
If you believe that content hosted on the App infringes upon your copyright rights, please follow the Digital Millennium Copyright Act steps outlined below:
If you are a copyright owner, or the authorized agent of a copyright owner, and you believe that content hosted on the App infringes upon your copyright rights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our registered Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works have been allegedly infringed, a specific list of such works and their specific location on the App;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Riva to locate the material;
4. Information reasonably sufficient to permit Riva to contact you, such as an address, telephone number, fax number, and, if available, an email address;
5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Riva will maintain a designated Copyright Agent, who will receive notifications of alleged infringement. You recognize that if you fail to comply with the requirements of the Digital Millennium Copyright Act’s notification requirements, your DMCA notice may not be processed.
Counter-Notification: If you believe that content has been removed from the App in error, you may file a counter-notification with Riva’s designated Copyright Agent that complies with the requirements of 17 U.S.C. § 512(g)(2) and (g)(3) outlined below. Upon receipt of a counter-notification complying with the requirements of 17 U.S.C. § 512, Riva may return the allegedly infringing content to the App.
A counter-notification must include:
1. Identification of the specific materials that have been removed from the App;
2. Your name, address, telephone number, and email address;
3. A statement that, under penalty of perjury, you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. A statement that you consent to federal district court jurisdiction in the district in which your address is located or, if your address is outside of the United States, that you consent to jurisdiction in any district in which Riva may be found and that you will accept service of process from the person who provided notification or their agent; and
5. Your physical or electronic signature.
Notices of infringement, notifications and counter-notifications may be sent to email@example.com
10. Terms and Conditions of Third Parties
You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with the App, including but not limited to any vendor which provides access and download services (e.g., iTunes, Google Play), any network provider (e.g., AT&T, Verizon), any platform provider (e.g., iOS), or any hardware manufacturer (e.g., Apple iPhone, Android).
11. We Do Not Endorse Any Product or Service
Riva may allow advertisers to display advertisements within our Services. However, Riva does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed through the App do not necessarily state or reflect those of Riva and are not intended to be used for advertising or product endorsement purposes.
12. Section 230 of Communications Decency Act
You acknowledge and agree that Riva is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Riva may edit, remove, or control the content displayed through App and provided to aid in the operation of its App, you agree that Riva will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious communications created by third parties, whether through the App or otherwise. Riva may, within its sole and absolute discretion, remove any User Generated Content for any reason and for no reason at all.
13. Children’s Online Privacy Protection Act Compliance
The Services are not directed to persons under the age of thirteen (13) and Riva will not knowingly collect personally identifiable information from children under the age of thirteen (13) absent the requirements set forth in this Agreement. If Riva inadvertently collects personally identifiable information, Riva will delete the personally identifiable information in accordance with its security protocols, upon notice.
14. Feedback and Support
Riva encourages its users to submit comments, suggestions, error reports, or support inquiries to Riva using the feedback function of the App or using the website. You acknowledge and agree that any feedback submitted to Riva, including, but not limited to, any intellectual property or other proprietary information contained within that feedback, will become the exclusive property of Riva. You agree to assign all right and title in or to any and all feedback that you submit to Riva and execute any and all documents necessary to assign your rights to any and all feedback to Riva upon Riva’s request, including but not limited to any documents necessary to perfect Riva’s rights in and to intellectual property or proprietary rights.
15. Disclaimer and Limitation of Liability
You acknowledge and agree that the nothing within the App will be construed to create a warranty of any kind. You acknowledge and agree that Riva takes no responsibility for, is not obligated to monitor and cannot be held liable for all the information contained within or communicated through the App as provided by you, third parties, User Generated Content contained within the App, information or websites linked to or through the App, information sent to Riva by third parties, and information intercepted by third parties. You agree to hold Riva harmless for any and all inaccuracies, omissions, errors, loss of data, corruption of data, failure of hardware, failure of the App, or misuse of the App.
RIVA PROVIDES THE APP ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PATENT, TRADEMARK, COPYRIGHT, TRADE SECRETS OR ANY OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE APP AT YOUR OWN RISK AND THAT RIVA WILL NOT BE HELD LIABLE FOR ANY DEFECTS, ERRORS, OMISSIONS, BUGS, OR DOWNTIME. ANY ATTEMPT BY RIVA TO MODIFY THE APP WILL NOT BE DEEMED TO BE A WAIVER OF THIS LIMITATION OF LIABILITY. RIVA WILL NOT BE HELD LIABLE FOR ANY CONTENT CONTAINED WITHIN OR COMMUNICATED THROUGH THE APP.
RIVA WILL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, INDIRECT DAMAGES, LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, OR LOST INFORMATION ARISING OUT OF THE USE, WHETHER PROPER OR IMPROPER, OF THE APP, EVEN IF RIVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RIVA DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR IN, OMISSION OF, INTERRUPTION OF, DELETION OF, DEFECT IN, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY DATA, AUTHENTICATION INFORMATION, OR SERVICES. YOU BEAR THE SOLE RESPONSIBILITY TO PROTECT AND BACKUP YOUR OWN DATA, NETWORK, HARDWARE, SYSTEMS, SERVERS, SOFTWARE, COMPUTERS, PHONES, AND SECURITY.
UNDER ANY CIRCUMSTANCES, YOU ACKNOWLEDGE AND AGREE THAT RIVA’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO ANY AMOUNT THAT YOU MAY HAVE PAID FOR THE APP OR RELATED SERVICES. IF YOU HAVE NOT PAID ANY AMOUNT TO RIVA, RIVA WILL NOT BE LIABLE TO YOU FOR ANY MONETARY AMOUNT UNDER ANY CIRCUMSTANCES. YOUR RELIEF IS LIMITED SOLELY TO INJUNCTIVE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE WAIVE OF IMPLIED WARRANTIES AND THE EXCLUSIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS LISTED IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify, hold harmless, and defend Riva, its officers, members, employees, agents, and directors from and against any and all claims, demands, causes of action, debts, liabilities, damages, costs, or expenses, including costs and reasonable attorneys fees, arising out of or in relation to your use of the App, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Riva will survive the termination or failure of this Agreement and your use of the App. You acknowledge and agree that your obligation to defend Riva will not provide you with the right to control Riva’s defense and you expressly agree that Riva has the right to direct and control its defense regardless of your obligation to defend Riva. You shall not enter into any settlement of compromise of any indemnifiable claim without Riva’s written consent.
You are expressly prohibited from assigning your rights or obligations under this Agreement without Riva’s prior written consent. Riva may assign its rights or obligations under this Agreement at any time, including but not limited to in a sale of the Riva business or in a sale of the App.
19. Choice of Laws and Resolution of Disputes
You agree that for all legal and non-legal purposes, the App and Services are located in United Arab Emirates. You agree that the App does not give rise to personal jurisdiction over Riva in jurisdictions other than the United Arab Emirates, except where otherwise agreed. This Agreement will be interpreted under and governed by the laws and legal principles of the Republic of Singapore, without regard to its conflicts of laws principles or statutes.
You and Riva agree that in an effort to resolve any dispute that may arise under this Agreement or in connection with the Services, the parties will make a good faith effort to resolve any dispute by discussion prior to referring any matter to arbitration. If the parties are unable to resolve any dispute through discussion prior to arbitration within fifteen (15) days of commencing discussions, the dispute shall be referred to arbitration.
YOU AND RIVA AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN THE REPUBLIC OF SINGAPORE AND WILL BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE ARBITRATION ACT OR THE INTERNATIONAL ARBITRATION ACT AS APPROPRIATE. THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE REPUBLIC OF SINGAPORE AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEYS’ FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND RIVA AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING ANYWHERE THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND RIVA AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE REPUBLIC OF SINGAPORE IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND RIVA HEREBY AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
Riva may, but is not obligated to participate in any dispute between users. IF YOU HAVE A DISPUTE WITH ANOTHER USER, YOU RELEASE RIVA FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN. 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
20. Additional Provisions
No waiver of rights under this Agreement by either party will be recognized unless made in writing and signed by the party to be charged. This Agreement is solely between Riva and you and will not confer any rights or remedies upon any third party, including third party beneficiaries. A finding that any term or provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of this Agreement. Any term or provision of this Agreement that is found to be invalid or unenforceable will be reformed to the extent necessary to make it valid and enforceable.
YOU AND RIVA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED UNDER THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST RIVA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONTEARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
The failure of or delay by either party to insist on strict performance of any provision of this Agreement shall not be construed as a waiver of that or any other breach of this Agreement. No waiver shall be effective unless in writing and signed by the party to be bound.
Any notice under this Agreement or other contact must be sent via certified mail to via email to: legal@Riva.co
At Riva we recognize that privacy is important. We respect your privacy and believe that we should clearly and transparently disclose our privacy practices to you as the user.
Riva provides multiple products including – Ringo, Hola, Flock, Bubble and Poof (each a “Product”). Each Product and Riva have their own websites (each known as “Website”)
1. COLLECTION OF INFORMATION
Riva’s Services allows you to input information about you directly into the App and collects certain information programmatically when you register for Riva’s Services, when you install and use an App on your device, and when you use the Services as described in more detail below. Such information may contain personal or personally identifiable information. We may combine information about you that we have with information we obtain from other partners or other companies in order to provide you a better experience or to improve the quality of our services.
A. Riva May Collect the Following Personally Identifiable Information
(PII) from you
Personally Identifiable Information (“PII”) is information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual. Riva collects PII from you when you voluntarily provide it to us, in instances in which you must provide such information to use features of the Services, and programmatically when you use an App, and when you visit websites of our partners. Riva may collect this PII from you through various channels, including, but not limited to, through your voluntary submission of information to the Services, through requests initiated by you through the Services, and through communication with third parties.
We may share PII with our parents, subsidiaries, divisions, and affiliates or as part of any sale, merger or acquisition. We will also share PII with our service providers as required to provide you with our Services, for example, we send phone numbers you dial to our VOIP service provider so that you may place calls and we send credit card information to our third party payment processor so that you may pay for the Services. We will never sell your PII to unaffiliated third parties without your approval at the time of collection. You agree to inform Riva of any changes to your PII, and to protect the security of your username, password and PII.
Our primary goals in collecting information is to provide you with the services made available through an App, including, but not limited, to communicate with you, and to manage your registered user account, if you have one, and to improve the Services.
PII that Riva may collect from includes but is not limited to:
1. Any information that you voluntarily submit/input to the Services and information collected programmatically when you install an App, for example, without limitation:
a. First and last name;
b. Email address(es);
c. Mobile and other phone number(s)
d. Date of birth;
g. Organization information;
i. Messages exchanged through an App;
j. Files and rich media exchanged through an App;
k. Your mobile device information, including, without limitation, device type, ID, model number, operating system, application, and related information;
l. Calls you place using an App;
m. Payment information, including credit/debit card or other payment account information;
n. Other required account or other information to utilize the service.
2. Your MAC and/or IP address.
Your payment information is submitted and payment is processed through a secure connection.
B. Riva May Also Collect the Following Non-PII from You
Riva may collect non-PII from you through various channels, including, but not limited to, through your voluntary submission of information to the Services, and programmatically when you install an App, through requests initiated by you through the Services, through communication with third parties, and through your browsing a Website. Your computer, mobile device and browsing activities may also be stored through the use of various third party tools, such as Google Analytics, and through other sources permitted by law.
We may share non-PII with our parents, subsidiaries, divisions, and affiliates or as part of any sale, merger or acquisition. As noted above for PII, we may share non-PII with our services providers as required to provide you with our Services. We will never sell your non-PII to unaffiliated third parties without your approval at the time of collection.
non-PII that Riva may collect from you includes but is not limited to:
1. Your use of the Services, including, without limitation, services used, messages or files or media exchanged, calls made by you, payments made, and number of logins;
2. Your geolocation;
3. Your access devices;
4. Your use of the Services, including, without limitation, data usage, web page views, frequency of use, statistics, functionality utilized, and web pages visited;
5. Your browser and search engine information;
6. Information stored in tracking technology, such as cookies, pixel tags, or web beacons, as well as log files;
7. Analytic data from third party providers, including Google Analytics; and
8. Any other additional analytic data that you voluntarily submit to the Services.
2. USE OF INFORMATION
A. Riva Uses this PII and Non-PII Information in the Following Ways
Riva uses your PII and Non-PII to provide you with and bill you for the Services, to communicate with you, to identify and fix problems with the Services, to update you on changes to the Services, to communicate with you concerning your account, if applicable, and to update you on Riva’s services offered through the Services or the services of third parties. We use this information to make the Services easier for you to use, for example, by eliminating the need for you to repeatedly enter the same information. We also use this information for auditing, research and analysis purposes so that we are able to maintain, protect, and improve the Services and ensure the technical functioning of our network.
You further authorize the following uses:
1. Enable your use of the Services;
2. Process payment and verify payment information;
3. Improve algorithms;
4. Measure service usage;
5. Publish summaries online or offline;
6. Develop new features and services;
7. Contact and communicate with you, whether through email, phone, push notifications or messages within the Services;
8. Customize and/or tailor the Services and your user experience, which may include targeted selection and display of third party advertisements within the Services (i.e. behavioral advertising);
9. Display relevant information to other users, including your name, email address and phone number and to display any other content you post to the Services which is meant for consumption by others as a part of our Services;
10. Advertise and provide you with information about products, benefits and services of Riva;
11. Provide you with information or services that may be of interest to you;
12. Transmit and process your information and actions within the Services;
13. Provide statistical information, and include you in the same, where applicable;
14. Provide you with technical service and support, including updates;
15. Understand your needs and requests;
16. Communicate promotions or other offers;
17. Prevent and detect illegal activities or violations of the End User License Agreement;
18. Protect Riva’s rights and property and the same of our users;
19. Combine your Personal Information with information from other Riva applications and/or services;
20. Promote mobile applications Riva develops for other related apps;
21. Facilitate your use of the Services, its upgrades, or its replacements;
22. Provide the information to third parties performing services in support of our delivery of Services to you;
23. Personalize your experience with our Services;
24. Respond to legal requirements, exercise our legal rights or defend against legal claims, to protect our interests, fight fraud or illegal activity, to enforce our policies, or to protect third party rights, property, or safety.
We use external advertising companies to serve ads when you have visited our website. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services that may be of interest to you.
3. STORAGE OF INFORMATION
Riva’s infrastructure consists of servers deployed at multiple datacenters that are owned and operated by our partners or us. All information collected in connection with the Services resides on this network of servers and/or on your device. Much of your information is stored on your device and is subject to the security and privacy policies of your device and storage providers. If Riva is using a vendor, all data storage by the vendor is consistent with the vendor’s policies. All data storage by Riva of your PII or Non-PII may be stored and processed on computers located outside of your country, and through your use of the Services you unequivocally consent to the processing and storage of your information outside of your own jurisdiction. You understand and agree that Riva may continue to store your information after you cease use of the service or disable your use of, access to, or otherwise of the App.
Riva uses commercially reasonable and standard practices and technology to help prevent against the unauthorized access to, disclosure of, or alteration or destruction of your personal or personally identifiable information. These include security measures to guard against unauthorized access to systems where we store PII and Non-PII. We restrict access to such information to our employees, contractors and agents who need to know that information in order to operate, develop or improve the Services.
Though we undertake commercially reasonable efforts to protect your personal and personally identifiable information, no software or service is completely safe. Accordingly, you provide all such personal or personally identifiable information at your own risk.
4. SHARING INFORMATION
A. Riva May Share your Information with Third Parties in the Following Circumstances
Riva may share or disclose non-private, aggregated or otherwise Non-PII in the aggregate with third parties, such as advertisers, licensees and content distributors. This information does not identify you individually.
B. Your Choices
You may contact Riva with any requests regarding your information, but Riva reserves the right to act or not act upon such requests.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled. You may decline to submit personal and personally identifiable information to any of our services, in which case we may not be able to provide those services to you.
If, at any time, you prefer not receive communications from Riva, simply follow the unsubscribe options at the bottom of each such communication or contact us directly. We will make commercially reasonable efforts to implement your opt-out requests.
When you use the Services, Riva makes good faith efforts to provide you with access to your PII and to correct this data if it is inaccurate.
C. No-Spam Policy
We have a strict No-Spam Policy prohibiting the use of any data collected to send spam communications. We will not sell any contact information to third parties.
5. CALIFORNIA RESIDENTS
California residents have the right to receive information that identifies any third party companies or individuals that Riva, has shared your PII with in the previous calendar year, as well as a description of the categories of PII disclosed to that third party. You may obtain this information once a year and free of charge by contacting Riva at privacy@Riva.co.
Some browser software incorporates “Do Not Track” features. When turned on, these features send a signal to the websites you visit indicated that you do not want your use of the website to be tracked. Riva ignores Do Not Track requests.
6. CHILDREN’S ONLINE PRIVACY PROTECTION POLICY
The Services are not intended for or directed to users under the age of thirteen (13), and Riva does not knowingly or intentionally collect personally identifiable information from children under the age of thirteen (13) or other minors. Where appropriate, Riva takes reasonable measures to determine that users are adults of legal age and to inform minors not to submit such information to the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by Riva, please contact us immediately so appropriate steps may be taken to remove such information from Riva’s database.
8. CONTACT AND NOTICES