Terms of Use updated November 21, 2010
This Terms of Use Agreement
("Agreement") between you and TribalPages,
Inc. ("TribalPages" or the
"Company") sets forth the legally binding terms for your use of the TribalPages.com
website (including all the areas of the site) and any successor websites
("Website") and the services, software, and applications the Website
provides online and makes available offline (collectively, "TribalPages Services"). By using the TribalPages Services you agree to the Terms of Use, whether
or not you become a member.
This Agreement includes the
acceptable use of the TribalPages Services and
content posted on the Website, and your rights, obligations and restrictions
regarding your use of the TribalPages Services.
Please see TribalPages's Privacy
Policy for more information about how we
collect, use, and share information on the Website.
TribalPages may modify this Agreement at any time and such modification
shall be effective upon posting by TribalPages on the
Website. You agree to be bound to any changes to this Agreement when you use
the TribalPages Services after any such modification
is posted. It is therefore important that you review this Agreement regularly
to ensure you are updated as to any changes. If you do not agree with any of
the terms of this Agreement, you must immediately discontinue your use of the TribalPages Services.
Please choose carefully the
information you post on TribalPages.com and that you provide to other users.
Your TribalPages.com profile and other Content shall not include any
photographs containing nudity, or obscene, lewd, excessively violent,
harassing, sexually explicit, otherwise objectionable subject matter, or
otherwise violate this Agreement, including section 7 below. Despite this
prohibition, information provided by other Website Members (for instance, in
their profile) may contain inaccurate, inappropriate, offensive, sexually
explicit, or otherwise inappropriate material and TribalPages
assumes no responsibility or liability for this material. If you become aware
of misuse of the TribalPages Services by any person,
please contact TribalPages at support@TribalPages.com. You should not provide TribalPages
the email address of anyone under 13 years of age as a
part of TribalPages's efforts to protect children.
TribalPages reserves the right, in its sole discretion, to reject,
block, refuse to post or remove any Content or other posting (including private
messages) by you, or to restrict, suspend, or terminate this Agreement or your
access to all or any part of the TribalPages Services
at any time, for any or no reason, with or without
prior notice, and without liability.
- Eligibility.
Use of and Membership in the TribalPages
Services is void where prohibited. By using the TribalPages
Services, you represent and warrant that (a) all registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of
such information; (c) you are 13 years of age or older; and (d) your use
of the TribalPages Services does not violate any
applicable law or regulation. Your Content and profile may be deleted and
your Membership may be terminated without warning, if TribalPages.com
believes that you are under 13 years of age.
- Term.
This Agreement shall remain in full force and effect while you use the TribalPages Services or are a Member. You may
terminate your Membership at any time, for any reason, by following the
instructions on the Member's Account Settings page. TribalPages.com may
terminate your Membership at any time, without warning. Even after
Membership is terminated, this Agreement will remain in effect.
- Password and Email.
When you sign up to become a Member, you will also be asked to choose a
permanent password and supply your email address. You are entirely
responsible for maintaining the confidentiality of your password. You
agree not to use the account, username, or password of another Member at
any time or to disclose your password to any third party. You agree to
notify TribalPages.com immediately if you suspect any unauthorized use of
your account or access to your password. You are solely responsible for
any and all use of your account. By registering and providing your email
address, you consent to TribalPages.com communicating with you by email,
including without limitation, to provide you notice of any security breach
in lieu of other written notification. You may opt-out of this email
communication by contacting us at support@TribalPages.com.
By
providing TribalPages your email address you consent
to our using the email address to send you Service-related notices, including
among other things notices required by law, in lieu of postal mail. You may not
opt out of Service-related e-mails. We may also use your email address to send
you other messages, including changes to TribalPages
features and special offers. If you do not want to receive such email messages,
you may opt out by changing your account settings.
Opting out
may prevent you from receiving email messages regarding updates, improvements,
or special offers.
- Non-commercial Use by Members. The TribalPages Services are
for the personal use of Members only and may not be used in connection
with any commercial endeavors except those that are specifically endorsed
or approved in writing by TribalPages. Illegal
and/or unauthorized use of the TribalPages
Services, including collecting usernames and/or email addresses of Members
by electronic or other means for the purpose of sending spam, unsolicited
email or unauthorized framing of or linking to the Website is prohibited.
Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from Member profiles without notice and may
result in termination of Membership privileges. Appropriate legal action
will be taken for any illegal or unauthorized use of the TribalPages Services.
- Billing and Payments.
- General.
Member agrees to pay for all products ordered through the Website using
the payment method indicated, and provides TribalPages
express authorization to charge said fees to the Member's payment
provider at time of purchase or renewal. Fees owed depend on the specific
type and quantity of TribalPages products,
services, information, or deliverables (collectively
"Deliverables") ordered. Payment of fees shall not be
contingent on any events other than the delivery of the ordered
Deliverables. Any attorney fees, court costs, or other costs incurred in
collection of delinquent undisputed amounts shall be the responsibility
of and paid for by Member. If payment is not current, TribalPages
may immediately cease to provide any and all Deliverables to the Member.
- Tangible Gifts.The Company and its suppliers continually upgrade and
revise its products and services to provide you with new products and
services. TribalPages may revise, discontinue
or modify products or services at any time without prior notice to members,
and products or services may become unavailable without notice. TribalPages shall have no liability of any kind if a
product or service that has been ordered is unavailable. If necessary,
the Company reserves the right to substitute items of equal or greater
value when an item or service is unavailable or the Company may cancel
the order.
We attempt
to be as accurate as possible and eliminate errors on the Website,
however we do not warrant that any product, service or description, photograph,
pricing or other information is accurate, complete, reliable, current, or
error-free. In the event of an error, whether on the Website, in an order
confirmation, in processing an order, delivering a product or service or
otherwise, we reserve the right to correct such error and revise your order
accordingly if necessary (including charging the correct price) or to cancel
the order and refund any amount charged. In addition, we may, in lieu of a
refund as provided in this paragraph, opt to provide you with a merchandise or
service credit with a value at least equal to the amount charged to your credit
card. TribalPages reserves the right to determine and
modify from time to time the exact nature of any such merchandise or service
credit, including conversion into one or more different types of merchandise or
service credits. Your sole remedy in the event of such error is to cancel your
order and obtain a refund or credit as set forth above. To request a refund,
send an email to support@TribalPages.com.
6.
Any tangible property purchased
through the Website will be shipped FOB Shipping Point. Title to such products
passes from Company (or, as applicable, from the Company's authorized
third-party gift fulfillment provider) to you upon shipment. With respect to
services you purchase through the Website, you acknowledge and agree that upon
making such services available to you (or to their intended authorized
recipients), Company will have fully satisfied its obligation to deliver or
otherwise provide such services, regardless of any failure or inability to use
such services.
- Taxes.
Member will be responsible for any applicable sales or use tax, duties,
or other governmental taxes or fees payable in connection with your
purchase. If you do not pay such sales or other tax or fee on a
transaction, you will be responsible for such taxes or fees in the event
that they are later determined to be payable on such sale, and Company
reserves the right to collect such taxes or other fees from you at any
time.
- Proprietary Rights in Content.
- TribalPages does not claim any ownership rights in the text,
information, files, images, photos, video, sounds, musical works, works
of authorship, or any other materials that you post to the TribalPages Services, including without limitation,
to your profile, to a node or profile of any third party, or to our
forum. After posting your Content to the TribalPages
Services, you continue to retain all ownership rights in such Content,
and you continue to have the right to use your Content in any way you
choose. By displaying or publishing ("posting") any Content on
or through the TribalPages Services, you hereby
grant, and you represent and warrant that you have the right to grant, to
TribalPages a limited license to use, modify,
publicly perform, publicly display, reproduce, distribute, and create
derivative works of such Content solely on and through the TribalPages Services for commercial and
non-commercial purposes.
- The TribalPages Services
contain Content of TribalPages.com ("TribalPages.com Content").
TribalPages.com Content is protected by copyright, trademark, patent,
trade secret and other laws, and TribalPages
owns or licenses and retains all rights in the TribalPages.com Content
and the TribalPages Services. TribalPages hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the
TribalPages.com Content (excluding any software code) solely for your
personal non-commercial use in connection with viewing the Website and
using the TribalPages Services in accordance
with this Agreement.
- The TribalPages Services
contain Content of users, Members, and other TribalPages.com licensors.
Except for Content posted by you, you may not copy, modify, translate,
publish, broadcast, transmit, distribute, perform, display, or sell any
Content or TribalPages.com Content appearing on or through the TribalPages Services.
- Content Posted.
- TribalPages may delete any Content that in the sole judgment of TribalPages.com
violates this Agreement or which may be offensive, illegal or violate the
rights, harm, or threaten the safety of any person or for any other
reason. TribalPages.com assumes no responsibility for monitoring the TribalPages Services for inappropriate Content or
conduct. If at any time TribalPages chooses, in
its sole discretion, to monitor the TribalPages
Services, TribalPages nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the
Member or user posting any such Content.
- You are solely responsible for the Content that you
post on or through any of the TribalPages
Services, and any material or information that you transmit to other
Members and for your interactions with other users. TribalPages
does not endorse and has no control over the Content. Content is not
necessarily reviewed by TribalPages prior to
posting and does not necessarily reflect the opinions or policies of TribalPages. TribalPages
makes no warranties, express or implied, as to the Content or to the
accuracy and reliability of the Content or any material or information
that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content
that is illegal or prohibited to post on or through the TribalPages Services. TribalPages.com reserves the
right to investigate and take appropriate legal action against anyone who,
in TribalPages's sole discretion, violates this
provision, including without limitation, removing the offending
communication from the TribalPages Services and
terminating the Membership of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole discretion of TribalPages:
- is offensive or promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter
or contains a link to an adult website;
- promotes information that you know is false or
misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs or
links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files;
- involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant
messaging, "spimming," or
"spamming";
- contains restricted or password only access pages or
hidden pages or images (those not linked to or from another accessible
page);
- furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information
for commercial or unlawful purposes from other Members or users;
- involves commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
- infringes or misappropriates any third party's patent,
trademark, service mark, copyright, moral rights, trade secrets or other
intellectual property;
- invades or violates any third party's right to privacy;
or
- violates the following partial list of the kind of activity
that is illegal or prohibited on the Website and through your use of the TribalPages Services. TribalPages
reserves the right to investigate and take appropriate legal action
against anyone who, in TribalPages's sole
discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity
includes, but is not limited to:
- criminal or tortious activity, including child pornography,
fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming,
sending of invalid data, worms, viruses or other harmful files,
copyright, trademark, or patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any
Member to buy or sell any products or services through the TribalPages Services. You may not transmit any chain
letters or junk email to other Members. It is also a violation of these
rules to use any information obtained from the TribalPages
Services in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, TribalPages.com reserves
the right to restrict the number of emails which a Member may send to
other Members in any 24-hour period to a number which TribalPages.com
deems appropriate in its sole discretion;
- covering or obscuring the
banner advertisements on your personal profile page, or any TribalPages.com
page via HTML/CSS or any other means;
- any automated use of the
system, such as using scripts to follow users or send comments or
messages;
- interfering with, disrupting,
or creating an undue burden on the TribalPages
Services or the networks or services connected to the TribalPages Services;
- attempting to impersonate
another Member or person or posting any third party's (including without
limitation any family member's) information on the TribalPages
Services without permission;
- using the account, username,
or password of another Member at any time or disclosing your password to
any third party or permitting any third party to access your account;
- selling or otherwise
transferring your profile;
- using any information
obtained from the TribalPages Services in
order to harass, abuse, or harm another person;
- displaying an advertisement
on your profile, or accepting payment or anything of value from a third
person in exchange for your performing any commercial activity on or
through the TribalPages Services on behalf of
that person, such as placing commercial content on your profile or
posting blogs or bulletins with a commercial purpose;
- using the TribalPages
Services in a manner inconsistent with any and all applicable laws and
regulations;
- use or launch any automated
system, including without limitation, "robots,"
"spiders," "offline readers," etc., that access the TribalPages Services in a manner that sends more
request messages to the TribalPages Services
servers than a human can reasonably produce in the same period by using
a conventional on-line web browser;
- collect or harvest any
personally identifiable information, including names or email addresses,
from the TribalPages Services, nor use the TribalPages Services for any commercial solicitation
purposes without prior written consent from TribalPages.com; or
- rent, lease, transfer, sell,
resell, or otherwise exploit for any commercial purpose, any portion of
or access to the TribalPages Services.
- Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy of TribalPages
to terminate Membership privileges of any Member who repeatedly infringes
the copyright rights of others upon receipt of prompt notification to TribalPages by the copyright owner or the copyright
owner's legal agent. Without limiting the foregoing, if you believe that
your work has been copied and posted on the TribalPages
Services in a way that constitutes copyright infringement, please provide
us with the following information: (i) an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description of
where the material that you claim is infringing is located on the TribalPages Services; (iv) your address, telephone
number, and email address; (v) a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; (vi) a statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright owner's
behalf.
Please
provide this information to:
Email: support@tribalpages.com
- Member Disputes.
You are solely responsible for your interactions with other TribalPages.com
Members. TribalPages reserves the right, but has
no obligation, to monitor disputes between you and other Members.
- Privacy.
We care about the privacy of our users. Click here to view our Privacy Policy. By using the Service, you
are consenting to have your personal data transferred to and processed in
the United States.
- Security.
TribalPages is intended to be a private family
network. We have implemented commercially reasonable technical and
organizational measures designed to secure your personal information from
accidental loss and from unauthorized access, use, alteration or
disclosure. However, we cannot guarantee that unauthorized third parties
will never be able to defeat those measures or use your personal
information for improper purposes. You acknowledge that you provide your
personal information at your own risk.
- Disclaimers.
- TRIBALPAGES, ITS OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES, AND AFFILIATES (COLLECTIVELY, "AFFILIATES") ARE NOT
RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE
OR IN CONNECTION WITH THE TRIBALPAGES SERVICE, WHETHER CAUSED BY USERS OF
THE WEBSITE, MEMBERS, OUR ADVERTISERS OR CORPORATE PARTNERS, OR BY ANY OF
THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE OPERATION
OF THE WEBSITE OR THE TRIBALPAGES SERVICE.
- TRIBALPAGESAND ITS AFFILIATES ARE NOT RESPONSIBLE FOR
THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF
THE WEBSITE. UNDER NO CIRCUMSTANCES WILL TRIBALPAGES.COM BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE, INCLUDING LOST DATA, LOST INFORMATION, PERSONAL
INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE TRIBALPAGES
SERVICES, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR
OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS
OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
- TRIBALPAGES.COM AND ITS AFFILIATES ASSUME NO
RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER OR MEMBER
COMMUNICATIONS; AND ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL
MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS,
SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR
PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE
INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF. TRIBALPAGES AND ITS
AFFILIATES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER
EQUIPMENT BELONGING TO ANY USER OF THE WEBSITE, ANY MEMBER, OR ANY OTHER
PERSON RELATED TO OR RESULTING FROM USE OF THE WEBSITE, VIEWING, PLAYING
OR DOWNLOADING ANY MATERIALS ON OR FROM THE WEBSITE, OR OTHERWISE IN
CONNECTION WITH THE SERVICE.
- THE WEBSITE AND THE SERVICE ARE PROVIDED
"AS-IS" AND "AS AVAILABLE" AND, EXCEPT AS OTHERWISE
PROHIBITED BY APPLICABLE LAW, TRIBALPAGES EXPRESSLY DISCLAIMS ANY
WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
OR THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE TRIBALPAGES SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE TRIBALPAGES
SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR WIRELESS DEVICE AND
FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. TRIBALPAGES DOES
NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. THE TRIBALPAGES
SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR
CONTROLLED BY TRIBALPAGES. TRIBALPAGES HAS NO CONTROL OVER, AND ASSUMES
NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY
THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE TRIBALPAGES FROM ANY AND ALL
LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES. TRIBALPAGES
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING. TRIBALPAGES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES.
- TRIBALPAGES MAY IN ITS SOLE DISCRETION, BUT IS NOT
OBLIGATED TO, PREVIEW, REVIEW, SCREEN, REMOVE, OR EDIT CONTENT. YOU MAY
BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT,
OBJECTIONABLE, INFRINGING, AND YOU HEREBY AGREE TO WAIVE ANY LEGAL RIGHTS
AND REMEDIES YOU MAY HAVE AGAINST TRIBALPAGES FOR SUCH EXPOSURE.
- Limitation on Liability. IN NO EVENT SHALL TRIBALPAGES BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM
YOUR USE OF OR INABILITY TO USE THE TRIBALPAGES SERVICES, EVEN IF TRIBALPAGES
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRIBALPAGES'S LIABILITY TO YOU
OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO TRIBALPAGES FOR THE TRIBALPAGES SERVICES DURING THE TERM OF
MEMBERSHIP. TRIBALPAGES ASSUMES NO LIABILITY WHATSOEVER RESULTING FROM ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF THE TRIBALPAGES SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR
USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE TRIBALPAGES
SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH THE TRIBALPAGES SERVICES, AND/OR (VI) ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU
SPECIFICALLY ACKNOWLEDGE THAT TRIBALPAGES SHALL NOT BE LIABLE FOR CONTENT
OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE
FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The TribalPages Services are controlled from our facilities in
the United States. TribalPages makes no
representations that the TribalPages Services are
appropriate or available for use in other locations. Those who access or use
the TribalPages Services from other jurisdictions do
so at their own volition and are responsible for compliance with local law.
- Disputes.
This Agreement and any dispute regarding the TribalPages
Services shall be governed by the laws of the State of Florida, USA,
without regard to conflict of law provisions and you agree to exclusive
personal jurisdiction and venue in the state and federal courts of the
United States located in the State of Florida, City of Tampa. Either TribalPages or you may demand that any dispute between
TribalPages and you about or involving the TribalPages Services must be settled by arbitration
utilizing the dispute resolution procedures of the American Arbitration
Association (AAA) in Tampa, Florida, USA, provided that the foregoing shall
not prevent TribalPages from seeking injunctive
relief in a court of competent jurisdiction.
- Indemnity.
You agree to indemnify and hold TribalPages, its
subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your use of or access to the TribalPages
Services, your violation of this Agreement, breach of this Agreement
and/or any breach of your representations and warranties set forth above
and/or if any Content that you post on the Website or through the TribalPages Services causes TribalPages
to be liable to any third party.
- Other.
This Agreement constitutes the entire agreement between you and TribalPages regarding the use of the TribalPages Services. The failure of TribalPages to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only
and have no legal or contractual effect. TribalPages
is a trademark of TribalPages, Inc. This
Agreement operates to the fullest extent permissible by law. If any
provision of this Agreement is unlawful, void or unenforceable, that
provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions.
- Statute of Limitations. You agree that, regardless of any statute or law to
the contrary (to the extent allowed by applicable law), any claim or cause
of action, arising out of or related to use of the TribalPages
Services or this Agreement, must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
- Notification Procedures. TribalPages may provide
notifications, whether such notifications are required by law or are for
marketing or other business related purposes, to Users via email notice,
written or hard copy notice, or through conspicuous posting of such notice
on our Website page, as determined by TribalPages
in its sole discretion. TribalPages reserves the
right to determine the form and means of providing notifications to our
Users, provided that you may opt out of certain means of notification as
described in this Agreement.
Please contact TribalPages support with any
questions regarding this Agreement.