Date of Last Revision: 14.10.2010.
These Terms of Service (Terms) governs our relationship with users and others who interact with Tribevine. By using or accessing Tribevine, you agree to these Terms.
You own all of the content and information you post into Tribevine, and you can control how it is shared through your privacy settings. In addition:
1. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Tribevine ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Tribevine, to access and use that information, and to associate it with you (i.e., your name and profile picture).
4. We appreciate your feedback and other suggestions about Tribevine, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Tribevine safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Tribevine.
2. You will not collect users' content or information, or otherwise access Tribevine, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Tribevine.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that: is hateful, threatening, or pornographic; incites violence; or graphic or gratuitous violence.
7. You will not use Tribevine to do anything unlawful, misleading, malicious, or discriminatory.
8. You will not do anything that could disable, overburden, or impair the proper working of Tribevine, such as a denial of service attack.
9. You will not facilitate or encourage any violations of these Terms.
Tribevine users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Tribevine, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal profile for your own commercial gain (such as selling your contributions to an advertiser).
5. You will not use Tribevine if you are under 13.
6. You will keep your contact information accurate and up-to-date.
7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
8. You will not transfer your account to anyone without first getting our written permission.
9. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Tribevine that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Tribevine if we believe that it violates these Terms.
3. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
4. You will not use our copyrights, trademarks or logo, or any confusingly similar marks, without our written permission.
5. You will not post anyone's identification documents or sensitive financial information on Tribevine.
Brand owners, their employees and sponsored athletes are welcome and endorsed to contribute content to Tribevine. However honest, accurate, unbiased and open information is important for us and the other users. In case you own, are working for or are sponsored by a brand owner or other commercial entity that has any interest regarding to the content of Tribevine you will identify your employer and / or sponsors in your personal details.
We can change these Terms at any time by posting a new version of these Terms on our site.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Tribevine to you. We will notify you by email or at the next time you attempt to access your account. In all such cases, these Terms shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, and 7-10.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or Tribevine exclusively in a court located in Oulu, Finland. The laws of the Finland will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Oulu, Finland for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information on Tribevine, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP TRIBEVINE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING TRIBEVINE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT TRIBEVINE WILL BE SAFE OR SECURE. TRIBEVINE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TRIBEVINE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR TRIBEVINE WILL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (100€) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, WHICH EVER IS LOWER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TRIBEVINE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By "Tribevine" we mean the features and services we make available, including through (a) our website at www.tribevine.com and any other Tribevine branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "Platform" we mean a set of APIs and services that enable others website operators, to retrieve data from Tribevine or provide data to us.
By "information" we mean facts and other information about you, including actions you take.
By "content" we mean anything you post on Tribevine that would not be included in the definition of "information."
By "data" we mean content and information that third parties can retrieve from Tribevine or provide to Tribevine through Platform.
By "post" we mean post on Tribevine or otherwise make available to us (such as by using an application).
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has logged into Tribevine at least once in the previous 30 days.
These Terms makes up the entire agreement between the parties regarding Tribevine, and supersedes any prior agreements.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of these Terms, it will not be considered a waiver.
Any amendment to or waiver of these Terms must be made in writing and signed by us.
You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent us from complying with the law.
These Terms does not confer any third party beneficiary rights.