TERMS OF USE AND END USER LICENSE AGREEMENT

These Terms of Use and End User License Agreement (“Agreement”) constitute a legal agreement between you (“You”) and Ribbit Corporation (“Ribbit”), for your use of Ribbit’s services (the “Ribbit Services”). 

License. Ribbit hereby grants to You a personal, non-exclusive, non-commercial, non-transferable, non-sublicenseable, revocable, worldwide license to access and use the Ribbit Services, subject to the terms and conditions of this Agreement.  You are responsible for use of the Ribbit Services and shall abide by this Agreement and all applicable local, state, national and foreign laws, treaties and regulations in connection with the use of the Ribbit Services.  Although certain communications services provided by third parties may be incorporated into the Ribbit Services, those communications services are not severable from the Ribbit Services and Ribbit does not license or offer for sale any communications service independent of the Ribbit Services.  All rights not expressly granted in this Agreement are reserved by Ribbit and its licensors. 

Lawful purposes.  You will use the Ribbit Services solely for lawful purposes.  In this respect, You may not, without limitation (i) intercept or monitor, damage or modify any communication which is not intended for You; (ii) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Ribbit Services or the communications; (iii) send any unsolicited commercial communication not permitted by applicable law; (iv) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (v) use the Ribbit Services to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; (vi) use any material or content that is subject to any third party proprietary rights, unless You have a license or permission from the owner of such rights; (vii) use the Ribbit Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous; or (viii) use the Ribbit Services for any activity that may be considered or is unethical, immoral, interfering or infringing any third party’s rights, or illegal.

Privacy.  Your privacy is very important to us.  By accepting this Agreement or by using the Ribbit Services You accept all terms and conditions of Ribbit’s Privacy Policy as published on the Website at http://www.ribbit.com/privacy/, as may be amended from time to time (the “Privacy Policy”).  The terms and conditions of the Privacy Policy are incorporated herein by reference.  By using the Ribbit Services, You consent to have Your personal data collected and processed in accordance with the terms of the Privacy Policy. In particular, but without limitation, and in line with our Privacy Policy you consent to your data being transferred to our offices and those of our service providers around the world.

 No Warranties.  EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND RIBBIT, THE RIBBIT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF RIBBIT, ITS AFFILIATES, SUPPLIERS AND RESELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, RIBBIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE RIBBIT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RIBBIT SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  RIBBIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF RIBBIT SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.   YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE RIBBIT SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND RIBBIT WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RIBBIT, ITS EMPLOYEES, OR THROUGH OR FROM THE RIBBIT SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

USE OF THE RIBBIT SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THIRD PARTY SERVICES, INTERNET AND ELECTRONIC COMMUNICATIONS.  RIBBIT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

Local Laws; Export Control.  If You use the Ribbit Service from other locations outside the United States, You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.  You acknowledge and agree that the Materials and Ribbit Services are subject to the U.S. Export Administration laws and regulations.  Diversion of such Materials or Ribbit Services contrary to U.S. law is prohibited.   You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.