Summary
GripeVine’s mission is to connect real people with companies who seek to benefit from knowing the
experiences of their customers and to create resolution and improved experiences for other customers.
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Your personal contact information is not placed in the public domain. Your email address is provided
to the companies on which you plant Gripes or Reviews. You are anonymous in the public part of the
site, but you may be required to provide personal information in your communication with companies
so that you can get the responses you are seeking.
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This is a platform for consumers to be heard. For this to work, companies shouldn’t have to deal
with phantoms. This means providing contact information and engaging with communications from the
company you are Posting about.
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GripeVine can edit, rewrite or remove any Posting on the site at our discretion. We are a channel
for the respectful expression of specific customer service issues and opinions resulting from what
you personally experience. The
Etiquette
page provides further guidance.
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Your Gripes and Reviews are about your specific experiences that you have with organizations, so
your Gripe or Review is about a specific event on which you can provide details. Our site does not
handle legal matters, employee/employer relations or personal disputes.
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To do their jobs, designated personnel of GripeVine can see all content in the site, including
Private Messages between consumers and companies.
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For those who represent a business, communications with consumers must be done from a claimed and
verified business account so that we can be sure that it’s really that business speaking.
These terms and conditions (the "Terms") govern your access to and use of GripeVine's website that link
to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms
and concluding a legally binding contract with MBE Holdings Inc. o/a GripeVine("GripeVine"). Do not
access or use the Site if you are unwilling or unable to be bound by the Terms. We ("GripeVine") reserve
the right to remove any users and/or content that does not comply with the terms of use.
1. Definitions
PARTIES
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls,
scrapes, or in any way uses the Site. "We", "us", and "our" refer to GripeVine.
CONTENT
"Content" means text, images, photos, audio, video links, location data, and all other forms of data or
communication. "Your Content" means Content that you submit or transmit to, through, or in connection
with the Site, such as complaints (gripes), ratings, reviews, polls, comments, replies to comments,
compliments, invitations, ads, business profile page elements, check-ins, messages, and information that
you publicly display or is displayed in your account profile. "User Content" means Content that users
submit or transmit to, through, or in connection with the Site. "GripeVine Content" means Content that
we create and make available in connection with the Site. "Third Party Content" means Content that
originates from parties other than GripeVine or its users, which is made available in connection with
the Site. "Site Content" means all of the Content that is made available in connection with the Site,
including Your Content, User Content, Third Party Content, and GripeVine Content.
POSTS
“Posts” means the complaints (Gripes), reviews, polls, private messages, comments, and replies to
comments that are placed on the Site by a User.
2. Changes to the Terms of Use
We may modify the Terms from time to time. When changes are made, we will notify you by making the
revised version available on this webpage, and will indicate at the top of this page the date that
revisions were last made. You should revisit these Terms on a regular basis as revised versions will be
binding on you. Any such modification will be effective upon our posting of new Terms. You understand
and agree that your continued access to or use of the Site after any posted modification to the Terms
indicates your acceptance of the modification.
3. Content
RESPONSIBILITY FOR YOUR CONTENT
You alone are responsible for Your Content, and once published, it cannot be withdrawn. You assume all
risks associated with Your Content, including anyone's reliance on its quality, accuracy, or
reliability, or any disclosure by you of information in Your Content that makes you personally
identifiable. You represent that you own, or have the necessary permissions to use and authorize the use
of Your Content as described herein. You may not imply that Your Content is in any way sponsored or
endorsed by GripeVine.
You may expose yourself to liability if, for example, Your Content contains material that is false,
intentionally misleading, or defamatory; violates any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right; contains material that is unlawful, including illegal hate
speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any
law or regulation.
You alone are responsible for Your Content, and once published, it cannot be withdrawn. Information
submitted publicly in your gripe and your username will show up in Google search results.
OUR RIGHT TO USE YOUR CONTENT
We may use Your Content in a number of different ways, including publicly displaying it, reformatting
it, incorporating it into advertisements and other works, creating derivative works from it,
distributing it, promoting it and allowing others to do the same in connection with their own websites
and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, non-exclusive,
royalty-free, sub-licensable, transferable rights to use Your Content for any purpose. You also
irrevocably grant the users of the Site and any Other Media the right to access Your Content in
connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to
be waived, against GripeVine and its users any claims and assertions of moral rights or attribution with
respect to Your Content. By "use" we mean use, copy, publicly perform or display, distribute, modify,
translate, and create derivative works of Your Content.
OWNERSHIP
As between you and GripeVine, you own Your Content. We own the GripeVine Content, including but not
limited to visual interfaces, interactive features, graphics, design, compilation, computer code,
products, software, aggregate user review ratings, and all other elements and components of the Site
excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks,
service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP
Rights") associated with the GripeVine Content and the Site, which are protected by copyright, trade
dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As
such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly
display or in any way exploit any of the GripeVine Content in whole or in part except as expressly
authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express
or implied rights, and all rights in and to the Site and the GripeVine Content are retained by us.
ADVERTISING
GripeVine and its licensees may publicly display advertisements and other information adjacent to or
included with Your Content. You are not entitled to any compensation for such advertisements. The
manner, mode and extent of such advertising are subject to change without specific notice to you.
OTHER
User Content does not necessarily reflect the opinion of GripeVine. We reserve the right to remove,
screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to
you. For example, we may remove a Post if we believe it violates our Etiquette. We have no obligation to
retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect
to Your Content.
4. Using the Site
ELIGIBILITY
To access or use the Site, you must be 18 years or older and have the requisite power and authority to
enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have
previously banned you from the Site or closed your account.
PERMISSION TO USE THE SITE
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site
is at your own risk, including the risk that you might be exposed to Content that is offensive,
indecent, inaccurate, objectionable, or otherwise inappropriate.
SITE AVAILABILITY
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or
liability.
USER ACCOUNTS
You must create an account and provide certain information about yourself in order to use some of the
features that are offered through the Site. Those Users who speak on behalf of a company or organization
on the Site are obliged to register a Claim for this company or organization and use the associated
business account to speak on behalf of the company or organization when posting.
You are responsible for maintaining the confidentiality of your account password. You are also
responsible for all activities that occur in connection with your account. You agree to notify us
immediately of any unauthorized use of your account. We reserve the right to close your account at any
time for any or no reason.
Your account is for your personal, non-commercial use or, if a claimed and verified business account,
for the representation of that business. In creating it, we ask that you provide complete and accurate
information about yourself to bolster your credibility as a contributor to the Site. You may not
impersonate someone else (e.g., adopt the identity of a business without a verified claim, a celebrity
or your next-door neighbor), create or use an account for anyone other than yourself, or provide an
email address or other personal contact information other than your own. If you use a pseudonym
(fictional name), take care to note that others may still be able to identify you if, for example, you
include identifying information in your Posts, use the same account information on other sites, or allow
other sites to share information about you with GripeVine. Please read our
Privacy Policy
for more information.
COMMUNICATIONS FROM GRIPEVINE AND OTHER USERS
You will receive email notifications about activity on your account in GripeVine. You may receive email
newsletters, updates, or press releases.
5. Restrictions
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage
you to let us know if you believe another user has violated the Terms, we reserve the right to
investigate and take appropriate action at our sole discretion.
YOU AGREE NOT TO, AND WILL NOT ASSIST, ENCOURAGE, OR ENABLE OTHERS TO USE THE SITE TO:
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Violate our Gripe Etiquette. For example, by writing a fake or defamatory Post, trading Posts with
other businesses, or compensating someone or being compensated to write or remove a Post;
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Violate any third party's rights, including any breach of confidence, copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other intellectual property or
proprietary right;
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Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
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Promote a business or other commercial venture or event, or otherwise use the Site for commercial
purposes, except in connection with a Business Account and as expressly permitted by GripeVine;
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Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in
keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party
website;
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Solicit personal information from minors, or submit or transmit pornography; or
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Violate any applicable law.
YOU ALSO AGREE NOT TO, AND WILL NOT ASSIST, ENCOURAGE, OR ENABLE OTHERS TO:
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Violate the Terms;
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Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations
of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your
Content), except as expressly authorized by GripeVine;
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Use any robot, spider, site search/retrieval application, or other automated device, process or
means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
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Reverse engineer any portion of the Site;
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Remove or modify any copyright, trademark or other proprietary rights notice that appears on any
portion of the Site or on any materials printed or copied from the Site;
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Record, process, or mine information about other users;
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Access, retrieve or index any portion of the Site for purposes of constructing or populating a
searchable database of business reviews;
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Reformat or frame any portion of the Site;
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Take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load on GripeVine's technology infrastructure or otherwise make excessive
traffic demands of the Site;
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Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks
connected to the Site through hacking, password mining or any other means;
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Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or
other items of a destructive nature (collectively, "Viruses");
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Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the
Site, features that prevent or restrict the use or copying of Site Content, or features that enforce
limitations on the use of the Site.
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Use the Site to violate the security of any computer network, crack passwords or security encryption
codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site
Content; or
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Use any device, software or routine that interferes with the proper working of the Site, or
otherwise attempt to interfere with the proper working of the Site;
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The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you
agree not to act contrary to them (even if permissible under applicable law) without providing 30
days' prior written notice to us here, together with any information that we may reasonably require
to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole
discretion.
6. Suggestions and Improvements
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your
Feedback does not contain the confidential or proprietary information of third parties, (ii) we are
under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may
have something similar to the Feedback already under consideration or in development, and (iv) you grant
us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish,
distribute and sublicense the Feedback.
7. Guidelines an Policies
ETIQUETTE
You represent that you have read and understood our
Etiquette
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PRIVACY
You represent that you have read and understood our
Privacy Policy
. Note that we will make available your personal contact information to companies on which you Post.
Note that designated personnel of GripeVine are able to read all content within the Site, including
Private Messages between consumer users and business users. Note that we may disclose information about
you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to:
(i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy
Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena,
statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights,
reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside
of the United States, you consent to having your personal data transferred to and processed in the
United States.
8. Third Parties
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not
control or endorse any Third Party Site. You agree that we are not responsible for the availability or
contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.Some of the
services made available through the Site are provided in connection with third parties and subject to
additional terms that are incorporated herein by reference.
9. Indemnity
You agree to indemnify, defend, and hold GripeVine, its parents, subsidiaries, affiliates, any related
companies, suppliers, licensors and partners, and the officers, directors, employees, agents and
representatives of each of them (collectively, the "GripeVine Entities") harmless, including costs,
liabilities and legal fees, from any claim or demand made by any third party arising out of or relating
to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or
services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or
any third party using your account, of any intellectual property or other right of any person or entity.
GripeVine reserves the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
You agree not to settle any matter without the prior written consent of GripeVine. GripeVine will use
reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Disclaimers and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF GRIPEVINE AND ITS SUBSIDIARIES,
AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "GRIPEVINE ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY
APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY
RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
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THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR
USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE GRIPEVINE ENTITIES MAKE NO CLAIMS OR
PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE
SITE CONTENT. ACCORDINGLY, THE GRIPEVINE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT
MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE
BUSINESS LISTINGS, RATINGS, OR REVIEWS.
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THE GRIPEVINE ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE
BUSINESSES LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE GRIPEVINE ENTITIES ARE NOT
LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF
ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE
BUSINESSES LISTED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD
PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
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THE GRIPEVINE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR
WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE GRIPEVINE ENTITIES
SHALL CREATE A REPRESENTATION OR WARRANTY.
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YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES,
OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE
SITE.
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THE GRIPEVINE ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN
CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY
YOU TO THE GRIPEVINE ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, OR (ii) $100.
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THE GRIPEVINE ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION,
(iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
11. Termination
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You may terminate the Terms at any time by closing your account, discontinuing your use of the Site,
and providing GripeVine with a notice of termination here. Please review our
Privacy Policy
for information about what we do with your account when terminated.
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We may close your account, suspend your ability to use certain portions of the Site, and/or ban you
altogether from the Site for any or no reason, and without notice or liability of any kind. Any such
action could prevent you from accessing your account, the Site, Your Content, Site Content, or any
other related information.
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In the event of any termination, whether by you or us, Sections 1, 3, 5, 8 - 11 of these Terms will
continue in full force and effect, including our right to use Your Content as detailed in Section 3.
12. General Terms
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We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time,
for any or no reason, and without notice or liability.
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We may provide you with notices, including those regarding changes to the Terms by email, regular
mail or communications through the Site.
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Except as otherwise stated in Section 8 above, nothing herein is intended, nor will be deemed, to
confer rights or remedies upon any third party.
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The Terms contain the entire agreement between you and us regarding the use of the Site, and
supersede any prior agreement between you and us on such subject matter. The parties acknowledge
that no reliance is placed on any representation made but not expressly contained in these Terms.
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Any failure on GripeVine's part to exercise or enforce any right or provision of the Terms does not
constitute a waiver of such right or provision. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
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If any provision of the Terms is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in
full force and effect and enforceable.
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The Terms are not assignable, transferable or sub-licensable by you except with GripeVine's prior
written consent, but may be assigned or transferred by us without restriction. Any assignment
attempt made in violation of the Terms shall be void.
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The section titles and Summary in the Terms are for convenience only and have no legal or
contractual effect.
EFFECTIVE AS OF: 29th AUGUST 2017