1. Accounts, Security, and Privacy.
1.1. You may register online to create a user account (“Your Account”) that allows you to participate in certain features on our Services and to receive information from Tribalry, including Interactive Areas. As part of the creating Your Account, you will be required to provide Tribalry with certain registration information, all of which must be accurate and updated, and which may include, without limitation, an authorized contact person’s name; business address; business phone number; facsimile number; e-mail address; etc.
1.3. You hereby agree to maintain as confidential and not disclose any username or password to any person. You agree not to permit others to use your account. Tribalry may change your password at any time, provided that Tribalry shall provide you with written notice of such change prior to, or as soon as reasonably practicable after, such change.
1.4. You agree and acknowledge that under certain circumstances, Tribalry may store your IP address(es) or other information transmitted by your computer(s) or network as are reasonably necessary for Tribalry to identify you and provide access to the Services.
1.5. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.
1.6. You assume full and total responsibility for all usage or activity on Your Account, including use of Your Account by any third party, whether or not authorized by you, and agree to indemnify and hold Tribalry harmless from any claims arising from or as a result of such usage. You shall immediately notify Tribalry of any known or suspected unauthorized use of Your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your Account information and agree to fully cooperate with Tribalry in good faith and as reasonably required to remedy such security breach.
2. User Content and Use of Services.
2.1. User Content. The Site may contain comments sections, discussion forums or threads, or other interactive features in which you may post, publish, link, or upload user-generated content, including but not limited to comments, video, photos, messages, other materials or items (collectively, “User Content”). You understand and agree that with respect to any User Content, Tribalry and the Services act merely as a passive conduit for any and all communication and/or distribution of information, and Tribalry does not control the User Content. Tribalry cannot and will not evaluate, and shall not be responsible for, the accuracy, reliability, completeness, veracity or suitability of any User Content or for verifying the identity of anyone posting, publishing, or uploading User Content. You are solely responsible for your interactions with other users. Tribalry may limit the number of connections you may have to other users and may, in certain circumstances, prohibit you from contacting other users through use of the Services or otherwise limit your use of the Services.
While Tribalry will endeavor to monitor User Content, and flag and/or remove User Content which Tribalry finds unsuitable (as determined in its sole and absolute discretion), Tribalry shall be under no obligation to do so and shall have no liability to any individual or entity for failure to monitor or remove any User Content. Prior to being granted access to post, publish, link, or upload User Content, individuals may be required to input or provide certain data or information, including but not limited to their name, email address, or other identifying information which may be displayed in connection with their User Content.
Tribalry may, in its sole discretion, remove, edit, or otherwise alter User Content. Tribalry retains and reserves the right but not the obligation, in its sole discretion, to discontinue, freeze, remove, terminate, or otherwise restrict Your Account or User Content for any reason whatsoever.
By Creating Your Account, submitting any User Content or participating in the Services, you agree that you will not:
(i) Engage in any activity that would constitute a violation of any applicable local, state, federal, or other law that may constitute a criminal offense or give rise to civil liability;
(ii) Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Tribalry;
(iii) Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information that is confidential in nature;
(iv) Create a user profile for anyone other than a natural person;
(v) Harass, abuse or harm another person, including sending unwelcomed communications to others using Tribalry;
(vi) Invite people you do not know, or not have been referred to, to join your network;
(vii) Upload a profile image that is not your likeness or a head-shot photo;
(viii) Use or attempt to use another’s account without authorization from the Company, or create a false identity on Tribalry;
(ix) Upload, post, email, transmit or otherwise make available or initiate any content that (a) falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (b) is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; (c) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (d) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; (e) Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation. This prohibition includes but is not limited to using Tribalry invitations to send messages to people who don’t know you, have not been referred to you, or who are unlikely to recognize you as a known contact, using Tribalry to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission, and sending messages to distribution lists, newsgroup aliases, or group aliases; (f) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Tribalry; and/or (g) forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
(x) Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for purposes of creating a pyramid scheme or other similar practices.
(xi) Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Tribalry (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Tribalry;
(xii) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
(xiii) Utilize or copy information, content or any data you view on the Services and/or obtain from Tribalry to provide any service that is competitive, at Tribalry’s sole discretion;
(xiv) Adapt, modify or create derivative works based on Tribalry or technology underlying the Services, or other User Content, in whole or part;
(xv) Rent, lease, loan, trade, sell/re-sell access to Tribalry or any information therein, or the equivalent, in whole or part;
(xvi) Sell, sponsor, or otherwise monetize a service or functionality of Tribalry, without the express written permission of Tribalry.
(xvii) Remove any copyright, trademark or other proprietary rights notices contained in or on Tribalry or any of its licensors;
(xviii) Remove, cover or otherwise obscure any form of advertisement included on Tribalry;
(xx) Share information of non-users without their express consent;
(xxi) Infringe or use Tribalry brand, logos and/or trademarks, including, without limitation, using the word Tribalry in any business name, email, or URL unless expressly permitted by Tribalry;
(xxii) Use manual or automated software, devices, scripts robots, other means or processes to access “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
(xxiii) Use bots or other automated methods to access Tribalry, add or download contacts, send or redirect messages, or perform other activities through Tribalry, unless explicitly permitted by Tribalry;
(xxiv) Access, via automated or manual means or processes, Tribalry for purposes of monitoring Tribalry’s availability, performance or functionality for any competitive purpose;
(xxv) Engage in “framing,” “mirroring” or otherwise simulating the appearance or function of Tribalry’s website;
(xxvi) Attempt to or actually override any security component included in or underlying the Tribalry site and software;
(xxvii) Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Tribalry’s infrastructure, including, but not limited to, sending unsolicited communications to other users or Tribalry personnel, attempting to gain unauthorized access to Tribalry, or transmitting or activating computer viruses through or on Tribalry;
(xxviii) Interfere with or disrupt or game Tribalry or the Services, including, but not limited to, any servers or networks connected to Tribalry, in particular Tribalry’s search algorithms.
2.4. Sharing of Content. Ideas and information you post or share may be seen and used by other users and Tribalry does not guarantee that other users will not use the ideas and information that you share. If you have an idea or information that you want to keep confidential, do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any feature where others can see it. Tribalry is not responsible for another user’s misuse or misappropriation of any content or information you post in any Tribalry feature.
4. Third Party Sites. Certain aspects of, or links contained on, the Services may link to websites, social media, or services operated by parties other than, and unaffiliated with, Tribalry. Such links are provided for convenience only. Tribalry does not control such third-party websites or social media and is not responsible for any content thereon, including with respect to any comments posted on such third-party websites or social media. Tribalry’s inclusion of links to such third-party websites and/or social media does not amount to or imply any endorsement or warranty of the material on such sites or media or any association with their owners or operators. You agree that Tribalry is not responsible for any such third-party websites or social media and services or any content thereon and agree to hold Tribalry harmless from any and all claims or liability arising from your use of such third-party websites, social media, or services. Any concerns or questions related to third-party websites or social media should be directed to the webmaster or other appropriate contact person for such third party.
5. Tribalry Content; Trademarks; Copyrights; Other Intellectual Property.
5.4. Digital Millennium Copyright Act (‘DMCA’) Notice. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by Tribalry infringe your copyright, you (or your authorized representative) may send Tribalry a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (ii) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Tribalry to locate the material on the site; (iv) the name, address, telephone number, and e-mail address (if available) of the complaining party; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed with Tribalry against you, the DMCA permits you to send Tribalry a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov for details. Notices and counter-notices with respect to the Website should be sent to Influence International, Inc., Attn: Legal Department, 727 North 1550 East Suite 450, Orem UT 84097. Tribalry suggests that users consult their legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. It is Tribalry’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
6.3. Changes to Services. Tribalry may change or discontinue any aspect, service or feature of the Services at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
7. Representations and Warranties; Disclaimer of Warranty.
7.1. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TRIBALRY, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE.
7.3. Unauthorized Access. Tribalry disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Services, you acknowledge and agree to Tribalry’s disclaimer of any such liability. If you do not agree, you should not access or use the Services.
8. Limitation of Liability. Neither Tribalry nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any of the content or other materials on, accessed through or downloaded from Tribalry.
9.8. Consent to Communication. For purposes of service messages and notices about the Services to you, Tribalry may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Tribalry to an email address associated with Your Account, even if we have other contact information. You also agree that Tribalry may communicate with you through Your Account or through other means including email, mobile number, telephone, or delivery services including the postal service about Your Account or services associated with Tribalry. You acknowledge and agree that we shall have no liability associated with or arising from your failure to so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.