Terms & Conditions

1. Overview

1.1 Scope

This document describes the terms and conditions for services which apply to your membership and use of Rippled Waters personal consumer products systems and applications, define below, which are hosted at app.rippledwaters.com, www.rippledwaters.com, or any other domain which is authorized to host website or mobile application services provided by Rippled Waters, LLC, a company registered in the state of Vermont, and having its registered address at 32 Andrea Ln, Milton, VT 05468, USA.  By subscribing to our service and downloading any software applications to any device, accessing and/or using any of our services, you thereby confirm that you have both read and agree to be bound by the terms and conditions set forth below.

1.1 Exceptions

Products and services associated with GuideServices™ or Powered by Rippled Waters™ which are developed by, or licensed from Rippled Waters, are controlled and provided to end users by some other 3rd party, such as another business, individual, or group, and these products are subject to different terms and conditions than those documented here.  Please refer to the terms and conditions from the provider of those specific products as they are likely different from our own.

2. Products and Services

 

2.1 Personal/Individual Consumer Products

Trip Planner™, Ultralight Journal™, Journal

Rippled Waters members can use web and native mobile application services for the purpose of coordinating a trip with multiple participants, keeping a personal sport fishing journal, saving fishing related photos, managing fishing gear, analyzing fishing data, access publicly available weather and water conditions, and managing social media contacts and communications.

By accepting these terms, Rippled Waters grants you, thru a limited license agreement, the ability to access our Trip Planner and Journal products, systems, and services for your own private purposes only, provided that your use them in accordance with these terms and conditions.

 

2.2 Business Services

GuideSites™, GuideOps™

Rippled Waters business customers can manage and host their websites and operate web and mobile applications for the purposes of supporting their business operations such as but not limited to: marketing, sales, social media, and customer management so long as they have purchased, or otherwise gained, a license from Rippled Waters.

By accepting these terms, Rippled Waters grants you, thru a limited license agreement, the ability to access our GuideSite based website templates and Trip Planner and Journal products, systems, and services for both your own private and business purposes, provided that your use them in accordance with these terms and conditions.

3. Content

Rippled Waters products and services allow the user to store “information” privately or publically. You agree that Rippled Waters may share certain content with other users, members, staff, partners, and other 3rd party resources necessary to operate our products and services as defined.  Furthermore,  you acknowledge, and agree, that uploads of any media, data, comment, or any other content on a Rippled Waters server thru any web site, service, application, or otherwise gives Rippled Waters an unlimited, irrovocable, non-exclusive, royalty-free, sublicensable, and transferable right to use said content in accordance with product and service features and, consistent with the data privacy policy at www.rippledwaters.com/privacy.

By using Rippled Waters products or services you agree that the content uploaded, communicated, or otherwise published in any Rippled Waters service shall:

  • relate to the purpose of the product and feature being used
  • be accurate and truthful, to best knowledge of the user, and is not meant to be false or misleading
  • be your own personal information, or any material,for which you are legally entitled to distribute
  • be respectful of other persons on the site and not be used to defame, threaten, disparage, discriminate, insult, threaten, slander, or otherwise intend harm another user
  • be free of pornographic, sexually explicit, or any content that could be perceived as sexual in nature
  • be free of racially or ethnically offensive content
  • be free of any attempt to advertise or sell a service or product of any kind, unless authorized by Rippled Waters
  • be free of any content meant to disrupt services, damage source code, or steal content from the Rippled Waters systems, including user networks, decices and electronic data storage

Rippled Waters is not able to verify all content is consistent with these terms and conditions, but, reserves the right at our discretion to remove any content.  However, we welcome any feedback, identifying content that is inconsistent with these terms and conditions, to “Contact Us” at www.rippledwaters.com/contact.

Content on Rippled Waters may be deleted by users, and inadvertent deletion may occur by any member, or by Rippled Waters.  There is no guarantee or warranty regarding data retention or recovery.

4. Authorized Users And Usage

Rippled Waters products and services are designed for explicit purposes which may be affected when usage is for unintended or unauthorized purposes.  You may only use the services if:

  • you are an adult, at least (18) eighteen years of age, or, at least (13) thirteen years of age with parent/guardian permission to use Rippled Waters.
  • you are not using the app to facilitate, support, or otherwise engage in any illegal activity
  • you agree all content is for your own personal purposes only and not for any unauthorized commercial use
  • you agree to maintain only (1) one personal membership with Rippled Waters and provide a valid email account for use with this membership.
  • you agree not to share your membership with anyone, and keep your login credentials private.
  • you agree not to violate any copyright, trademark, patent or other intellectual property rights of Rippled Waters.
  • you agree not to engage in any activity that may alter or disrupt Rippled Waters services, or security.
  • you agree not to violate the rights of any other (user) member of Rippled Waters services

We strive to create a community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

  • You consent to having your personal data transferred to and processed in the United States.
  • You will not engage in commercial activities on Fishidy (such as advertising or payments) or operate a Platform application or website.
  • You are authorized to engage in business with the United States not on located in a country on the U.S. Treasury Department’s list of Specially Designated Nationals

5. Privacy

Membership to Rippled Waters services and products requires the collection of personal information.  By signing up for membership, you acknowledge and accept that Rippled Waters is responsible for your personal data, and that personal information may be shared with third parties in accordance with these terms and conditions, and operation of our products and services consistent with our data privacy policy at www.rippledwaters.com/privacy. We strongly suggest you read the terms and conditions of 3rd party service providers.

6. Cookies

Rippled Waters services require the use of cookies to store certain information regarding your activities on the site. By using Rippled Waters services and products you consent to allow the use of cookies in accordance with our data privacy policy at www.rippledwaters.com/privacy.

7. Links

Rippled Waters, LLC has not reviewed all of the application site content for possible links to Internet web sites, nor shall be responsible for the contents of any such linked site. . Use of any such linked web site references in journal, trip planner, comment, or other Rippled Waters features is at the user’s own risk. The inclusion of any link does not imply endorsement by Rippled Waters, LLC, or the aforementioned site, unless otherwise specified by Rippled Waters.

7. Limitations

Certain memberships or licenses shall impose limitations on the use of the products and services.  These limitations will be necessary to maintain quality of products and services or keep costs and pricing as low as possible over time.  Rippled Waters reserves the right to change any limitations on our services at anytime, and without advanced notification to users; however, it is our goal to communicate these changes in advance, and keep the current set of limits in this terms and condition document.  No penalties will be charged to user by Rippled Waters should any products or services allow you to exceed documented and licensed limits.  However, data or information maybe be deleted w/out warning by Rippled Waters if it exceeds limits.  Extend limits may apply to some users if purchased or otherwise included in Rippled Waters licensing agreements.

7.1 Personal/Individual Consumer Products

Free Trip Planner Member:

Saved Trips = 10 most recent complete trips, older trips are automatically deleted.

Active/Pending Trips = 5 future or active trips

Photo Capacity (all saved trips) = 1,000 or 500MB, which ever is reached first.

Ultralight Journal Member:

Saved Trips = 100 most recent complete trips, older trips are automatically deleted.

Active/Pending Trips = 10 future or active trips

Total Photo Capacity (all trip planner and journal photos) = 5,000 images or 1GB, which ever is reached first

Full Journal Member:

Total Photo Capacity (all trip planner and journal photos) = 10,000 images or 2GB, which ever is reached first

PRO Journal Member:

Total Photo Capacity (all trip planner and journal photos) = 10,000 images or 2GB, which ever is reached first.

7.2 Commercial Products

Rippled Waters is not responsible for creating or publishing content to your website, however thru the initial design stage we may publish much our your copy text, photos, and other content which is necessary to provide instructional training and an initial framework for your site.  Training on website content management is provided free of charge for up to 4hrs during the development stage, and up to 1hr per month thru the first 6months of your website going live.  It is expected that you will fill in the remaining content necessary to launch your website.  We will do our best to provide extra training, copy content, and provide other consulting services free of charge; however we reserve the right to refuse these services or append additional charge for these services. Additionally, the following limitations apply unless documented elsewhere.

Basic GuideService

Guide Profiles = 3 total guides

Local Waters = 3 total water bodies

Media Photo Capacity (all trip planner and journal photos) = 5,000 or 1GB, which ever is reached first

Full GuideService

Guide Profiles = 10 total guides

Local Waters = 10 total water bodies

Media Photo Capacity (all trip planner and journal photos) = 50,000 or 10GB, which ever is reached first

8. Termination And Cancellation

Rippled Waters services may be cancelled at any time by (you) the user.  Please note that if your service is active on the 1st day of a month, you will be charged for, and keep access for the current month, access to Rippled Waters will be deactivated no earlier than the 11:59pm on the final day of that month, unless immediate deactivation is requested by the user.  Requests to cancel services should be made by using the “Contact Us” link available at www.rippledwaters.com.

Your membership and access to Rippled Waters services may be immediately suspended or terminated, by Rippled Waters, or its agents, if you violate these terms and conditions.  Membership to “Free” service may be suspended or terminated if there is no member activity for a period of 1yr.  Any membership that is NOT activated within 6mos (~180days) will be terminated.  In the event of suspension or termination due to violation of these terms and conditions, or any other legal or specified reason, you will be charged for the final month of services, regardless of day of that month in which said violation occurred.  Members may challenge any termination or suspension, by using the “Contact Us” link on www.rippledwaters.com. If Rippled Waters determines that member supsension or termination was in error, said member will have membership reactivated and they will NOT be charged any re-activation fees, and at Rippled Waters discretion may receive credit for loss of service.

Rippled Waters will NOT delete your member account, or any data, for at least 30 days after termination or cancellation is initiated.  During this period your account and any data is inaccessible to anyone using the Rippled Waters services.  User data will still be available if membership is reactived/renewed before the 30day period.  After 30 days your data, except sensitive personal information, will no longer be bound by Rippled Waters “Data Privacy” terms, and become Rippled Waters public data unless there is an explicit request to delete your data prior to the 30day period.  

9. Liability And Indemnity

In no event shall Rippled Waters, LLC or its suppliers be liable for any damages (including, without limitation, damages for: loss of data or profit, or due to business interruption; personal harm due to physical, emotional, mental or any other reason; personal property, any personal or third party account including financial systems) arising out of the use or inability to use any Rippled Waters service or product, even if Rippled Waters, or an authorized representative has been notified orally or in writing of the possibility of such damage.  You agree to indemnify and hold Rippled Waters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages related to your breach of these Terms.

10. Disclaimer Of Warranties

You agree that the services and products from Rippled Waters are used at your own risk. Rippled Waters provides its services and products, unless otherwise stated in these terms and conditions, are provided “as is” and we disclaim any and all warranties, whether express or implied, including but not limited to, accuracy, reliability, non-infringement or uninterrupted operation or access.

11. Modifications

Rippled Waters reserves the right to change these terms and conditions at any time, without prior notification.  Members of Rippled Waters services may receive advanced notification of pending changes; but, are encouraged to visit this terms and conditions document at www.rippledwaters.com/terms frequently to confirm updates.  Continued use of Rippled Waters applications and services constitutes agreement with the then current version of our terms and conditions.

12. Fees & Payment

Rippled Waters membership and end-user products are available at the fee described on www.rippledwaters.com/pricing or in custom quotes provide to you.  Rippled Waters will provide at least 30 days advance notification of any changes to our fees through our website, or email.  Continued use of our products, systems, and services after this 30 days constitutes acceptance of the new fees.

12.1 Personal/Individual Consumer Products

The basic trip planner product is free.  All other applications are provide free for at least a 30 day trial period, at which point credit card monthly or annual billing is required.  Should payments not be made membership shall be immediately set to our free trip planner service. 

12.2 Business Services

Design fees must be paid in full prior to the start of development, and licensing fees charged monthly, or annually, will begin 30days after the start of development.

13. Third Party Services

Rippled Waters applications and services includes certain links to third party services, and other third party services may be made available to you in the future.  All third party services are subject to their respective third party terms and conditions. You are advised to read all third party terms carefully as they constitute an agreement between you and the third party.

14. Intellectual Property

Notwithstanding any patent, trademark, or copyright protection the materials provided on www.rippledwaters.com, app.rippledwaters.com, Apple Store, Play Store or any other electronic data repository or distribution source, and the content therein, are for personal, non-commercial uses only, unless otherwise specified.  USE OF ANY RIPPLED WATERS SERVICE OR PRODUCT FOR THE PURPOSE OF COMMERCIAL SERVICE OR PRODUCT DEVELOPMENT SHALL BE CONSIDERED A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS AND SUBJECT TO LEGAL ACTION.

Rippled Waters trademark is property of Rippled Waters, LLC

15. Disclaimers

15.1 General

The materials on Rippled Waters web site are provided “as is”. Rippled Waters makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Rippled Waters does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet web site, web and mobile applications, or otherwise relating to such materials or on any sites linked to these sites, applications or services.

15.2 Data Network Charges

There is no limit imposed by Rippled Waters on users regarding data storage and transfer volumes.  Rippled Waters explicitly denies any financial compensation responsibility for data usage, and is NOT responsible for any internet or phone service charges due any user, or member, of our servcies.  You acknowledge that you are fully responsible for the internet connection and, or, mobile charges that you may incur while using our services. Please consult your internet service provider, mobile data plan, or other provider for further information.

15.3 Permissions

Rippled Waters gives you access and permission to use our services in accordance with these terms and conditions; however, you acknowledge that you are fully responsible for obtaining the necessary fishing licenses, permits, authorizations, or other permissions necessary to fish at any given location and time.  Furthermore, our services do NOT supercede the requirements, set forth by any state agency, that dictate you must physically possess, or display, your printed fishing license or permit.

15.4 Weather and Water Conditions

Rippled Waters makes every effort to provide accurate historical, current, and, predicted or forecasted, weather and water conditions from public US Government, NOAA or USGS, materials and not subject copyright.  This data is for use at your own risk.  Rippled Waters, LLC, its suppliers, partners, or licensed agents are not liable for any damages that result from the data contained in any Rippled Waters developed or branded products.  

15.5 Navigational Use

Rippled Waters does not guarantee the accuracy of location information or map accuracy and therefore our products and services should in no explicit, or implied manner, be used for navigational purposes of any kind.  Rippled Waters application uses location and mapping services from various providers.  Location based services in Rippled Waters web, and Native Android, applications are “powered By Google”, while Native iPhone applications use Apple Maps.  Furthermore, latitude and longitude information maybe entered manually, or based on user device GPS or other services, and accuracy is not guaranteed by Rippled Waters.