Tribe Effects Terms of use

Tribe Effects Terms of Use

Tribe Effects is an application (the “Application” or “Tribe Effects ”) focused on keeping track of social circles and monitoring their activities based on virtual interaction between users (the “Services”). The Application is exclusively owned by Algoscent Ltd. (the “Licensor”) and the Licensor licenses use of the Services to you subject to the terms and conditions contained herein (the “Terms of Use“).

ACCEPTANCE OF TERMS

By downloading, installing and using the Application, you agree to the Terms of Use, which also incorporate Licensor’s Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time, each of which is incorporated by reference and each of which may be updated by Licensor from time to time without notice to you in accordance with the terms set out under the “Modifications” section below. In addition, any service offered through the Services may be subject to additional terms and conditions specified by Licensor from time to time; your use of such service is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. The Terms of Use apply to all users of the Services, including without limitation, users who are contributors of content, information, and other materials or services of the Application, individual users of the Services, venues that access the Services, users that have an account on the Application, etc.

If you do not agree to the terms and conditions of these Terms of Use, you must refrain from downloading, installing and using the Application. The Services can only be used in accordance with these Terms of Use and shall be deemed accepted by you in the event that you use the Services.

You cannot accept these Terms if: (a) you are not lawfully entitled to use the Services under any applicable laws in the country in which you are located or resident; or (b) if you are not of legal age to form a binding agreement with Licensor. By accepting these terms you acknowledge and agree that you have reached the age to enter into such binding agreement in the country in which you are located or resident or that you have your parent or legal guardian’s permission if required by applicable law. It is your responsibility to ensure that you are legally allowed to use the Services and that you do not violate any applicable laws.
In some countries there exist legal and/or other restrictions on usage of the Services and/or downloading, installing and/or using the Application. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.

OPENING AN ACCOUNT AND REGISTRATION

As a condition to using certain aspects of the Services, you are required to open an account with accurate and complete registration information (including, but not limited to a user name (“User Name“), e-mail address and a password you will use to access the Services) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Tribe Effects  account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.

You shall not:

·       create any account for anyone other than yourself without such person’s permission;

·       use a User Name that is the name of another person with the intent to impersonate that person;

·       use a User Name or Tribe Effects  account that is subject to any rights of a person other than you without appropriate authorization; or

·       use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Licensor reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Tribe Effects  password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify Licensor in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Services. Licensor may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited and, in such circumstances, you agree not to install or download the Application or use the Services in any way.

CONTENT

“Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, etc., provided, or otherwise made accessible by use of the Services.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Licensor cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Services by users, including Content that is added to the Services in connection with users linking their accounts to third party websites and services, shall be collectively referred to herein as “User Notifications“.

USER NOTIFICATIONS

Licensor may use your User Notifications in a number of different ways in connection with the Application, Services and Licensor’s business as Licensor may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own applications, media platforms and websites (collectively, “Third Party Media”). By submitting User Notifications through the Application or otherwise through the Services, you hereby do and shall grant Licensor a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Notifications in connection with the Application, the Services and Licensor’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Application (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Application and/or the Services, including Third Party Media, a non-exclusive license to access your User Notifications through the Application and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Notifications in connection with their use of the Application, Services and Third Party Media. For clarity, the foregoing license grant to Licensor does not affect your other ownership or license rights in your User Notification(s), including the right to grant additional licenses to the material in your User Notification(s), unless otherwise agreed in writing with Licensor.

You represent and warrant that you have all rights to grant such license to Licensor without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Application is the sole responsibility of the person from which such Content originated; that Licensor will not be liable for any errors or omissions in any Content; and that Licensor cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.

All Content that you have transmitted through the Application, is your sole responsibility. Under no circumstances will Licensor be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content, emailed or otherwise made available via the Application and/or the Services.

When you delete your User Notifications, they will be removed from the Services. However, you understand that any removed User Notifications may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Notifications.  

RULES AND CONDUCT

Licensor has established the rules set forth below with respect to the Content, including the User Notifications. Licensor respects your rights and does not wish (but has such right) to censor any User Notifications.  

Your use of the Services and all User Notifications you posted on, transmitted through or linked from the Application shall be in compliance with the rules set forth herein and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all export control laws.

By using the Application and/or the Services, you acknowledge and agree that:

— Impersonalization: You may not impersonate others through the Application in a manner that does or is intended to mislead, confuse, or deceive others.
— Private Information: Respect the rights of other users.
— You may not publish or post other people’s private and confidential information, such as credit card numbers, phone numbers, street address or social security/national identity numbers, real names and other personal data without their express authorization and permission.
— You may not post intimate photos or videos that were taken or distributed without the subject’s consent.
— You may not post, comment, or store content that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right, bullies, harasses, or intimidates, defames, spams or solicits Tribe Effects  users.

— Violence and Threats: You may not publish or post direct, specific threats of violence against others.

— Unlawful Use: You may not use the Services for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable Content.

— Intellectual Property: You may not upload, publish, post, distribute or disseminate any Content that is protected by intellectual property laws (or by rights of privacy and/or publicity) unless you own or control the rights thereto or have received all necessary consents.

— Serial Accounts: You may not create multiple accounts for disruptive or abusive purposes or with overlapping use cases. Mass account creation may result in suspension of all related accounts.

— Targeted Abuse: You may not engage in targeted abuse or harassment. If the reported behavior is one-sided or includes threats it is considered as targeted abuse or harassment.

— Selling Accounts: You may not buy or sell Tribe Effects  accounts.

— Malware/Phishing: You may not publish or link to malicious Content intended to damage or disrupt another user’s browser or phone or to compromise a user’s privacy.

— Sensitive Content: You may not use the Application to spread sensitive content (such as consumption of alcohol or illegal substances by minors, portraying realistic images of people or animals being killed or tortured or injured, comments that depict violence against or abuse of children, depictions of weapons in such a way as to encourage illegal or reckless use of such weapons, excessively objectionable or crude content, promotion of pornographic or obscene material, child sexual abuse imagery,  comments that contain references or commentary about a religious, cultural or ethnic group that are defamatory, offensive, mean-spirited or likely to expose the targeted group to harm or violence, etc.).

— Spam: You may not use the Application for the purpose of spamming anyone.

Licensor may review any Content and Licensor reserves the right to remove or modify any Content, including the User Notifications, for any reason without prior notice, at Licensor’s sole discretion, and without liability to the user, including User Notifications that Licensor believes violates the aforementioned rules. In addition, any violation of these rules is cause for permanent suspension of any and all accounts at Licensor’s sole discretion. Please note that these rules do not create any third party rights or create any private right of action, but may be enforced solely by Licensor in its sole discretion. The decision by Licensor not to take any action to enforce any of the rules as set forth herein in a particular instance will not be considered a waiver of any right to do so in the future or in other situations.

THIRD PARTY SITES

In the framework of the Services, you may be exposed or permitted to link to other websites, services or resources on the Internet. When you access third party websites, you do so at your own risk. These other websites are not under Licensor’s control, and you acknowledge that Licensor is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that Licensor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Furthermore, by using the Application, you are bound by third party websites and their terms and conditions.

TERMINATION

You may terminate relationship with Licensor at any time by closing your Tribe Effects  account, or otherwise ceasing to use the Services. You acknowledge and agree that by terminating your relationship with Licensor, you will lose all access to your Tribe Effects  account and it will no longer be available to you. We will not be responsible and will not have any obligation to restore and/or reinstate your Tribe Effects  account or any data lost.
Without limiting any other remedies available to Licensor under law, contract or otherwise, Licensor may suspend or terminate its relationship with you, or may terminate or suspend your use of the Services at any time if:
(a) you are in default of these Terms of Use;
(b) you are engaged in illegal actions, or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third party rights, or otherwise create risk or possible legal exposure for Licensor;
(c) required by applicable laws/regulations and within the time limits as required by such laws/regulations;
(d) Licensor decides to cease offering the Services.
All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

MODIFICATIONS
Licensor reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice through the Application or by sending you notice through the Services or via email. Licensor may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes. If you do not agree to any changes or modifications to these Terms of Use or to any applicable policies or guidelines, your sole remedy will be to stop using the Services.

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

Save to the extent required by law, Licensor has no special relationship with or fiduciary duty to you. You acknowledge that Licensor has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Licensor from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Licensor makes no representations concerning any Content contained in or accessed through the Services, and Licensor will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

You release Licensor from all liability relating to your connections and relationships with other users. You understand that Licensor does not, in any way, screen users, nor does it inquire into the backgrounds of users or attempt to verify their backgrounds or statements. Licensor makes no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall Licensor be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person.

No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; LICENSOR DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. LICENSOR FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES LICENSOR WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
No Liability: YOU ACKNOWLEDGE AND AGREE THAT LICENSOR SHALL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO LICENSOR, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SERVICES PROVIDED TO YOU THROUGH THE APPLICATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SERVICES IS TO CEASE USE OF THE SERVICES.
FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT NEITHER LICENSOR NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES SHALL BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO LICENSOR, FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (B) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); OR (C) ANY DAMAGE TO OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT).
Indemnity: IF ANY THIRD PARTY BRINGS A CLAIM AGAINST LICENSOR IN CONNECTION WITH, OR ARISING OUT OF: YOUR BREACH OF THESE TERMS OF USE; YOUR BREACH OF ANY APPLICABLE LAW OR REGULATION; YOUR INFRINGEMENT OR VIOLATION OF THE RIGHTS OF ANY THIRD PARTIES (INCLUDING INTELLECTUAL PROPERTY RIGHTS), YOU WILL INDEMNIFY AND HOLD LICENSOR HARMLESS FROM AND AGAINST ALL DAMAGES, LIABILITY, LOSS, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND COSTS) RELATED TO SUCH CLAIM.

MISCELLANEOUS
If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. 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. Waiver of compliance in any particular instance does not mean that Licensor will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Licensor must provide you with written notice of such waiver through one of its authorized representatives.

These Terms shall be exclusively governed by and interpreted in accordance with the laws of the State of Israel without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the courts located in Tel-Aviv, Israel, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, Licensor reserves the right to seek injunction relief in any jurisdiction at its sole discretion.  
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS FOR USE OF THE APPLICATION. BY CONTINUING TO USE THE SERVICES YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS OF USE.