TRIBE SUBSCRIBER TERMS & CONDITIONS
Welcome to Tribe!!!
The Tribe Service (as defined below) is a service that is provided by Tribe Limited (“TL”) to you via the Tribe App (as defined below), and these terms and conditions (“Terms & Conditions”) are intended to regulate your use of the Tribe Service.
By accessing and using the Tribe Service, you are entering into a binding contract with TL concerning the use of the Tribe App and any other matters set out herein and you agree to be bound by these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you should not use or access this Tribe App.
- DEFINITIONS & INTERPRETATION
1.1 In these Terms & Conditions, the following words or expressions shall have the following meanings, unless the context otherwise requires:
“Applicable Laws” means any statutes, laws, rules, regulations, codes and ordinances, any judicial or administrative court rulings or judgments that are applicable to the Tribe App or Tribe Service, the matters raised in these Terms & Conditions and/or the subject matter of these Terms & Conditions.
“Content” means any and all content (including linear and non-linear programming) which includes without limitation all forms of text, graphics video, audio, files, data, images, photographs, pictures, logos, video clips, video streaming, news, live feeds and information on demand content and User Generated Content that is made available on or through the Tribe Service.
“Device” means mobile phones, smart phones, electronic tablet or similar devices.
“Designated Partner” means our partner(s) who has/have been authorized by us to collect and receive the Subscription Fee from you for your access to the Tribe Service.
“Free Trial Period” has the meaning ascribed to it in Clause 3.9.
“Intellectual Property Rights” or “IPR” means any and all intellectual property rights of whatever nature throughout the world including all rights conferred under statute, common law or equity in any relevant country in the world, whether existing now or at any time in the future, including rights in all copyright, patents, trade-marks, business names, trade names, domain names, designs, confidential information, trade secrets and know-how.
“Name” means the name or word “Tribe” and/or “Tribe Limited”.
“Parties” means you and TL collectively and “Party” means either one of them.
“Personal Data” means data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which the organisation has or is likely to have access.
“Post” or “Posted” means to publish, display, submit and/or upload.
“Subscription Fee” means the fee payable or paid by you for your access to the Tribe Service and as further detailed on the Website, the amount of which may vary depending on the Tribe Package selected by you. The Subscription Fee may be changed by TL from time to time at its absolute discretion and will bind you upon their posting on the Website or on Tribe App.
“TL, “we”, “us” or “our” means Tribe Limited (Hong Kong Company Number: 2348596), having its registered address at 7th Floor, Ruttonjee House, 11 Duddell Street, Central, Hong Kong, which manages and operates the Tribe App and the Tribe Website.
“Tribe App” means the software programme managed and/or operated by TL and is designed to run on the Device for you to access the Tribe Service, made available on the application distribution platform such as Apple App Store and Google Play and/or through any other different distribution platform, whether known now or in the future.
“TL Group” means TL and any person or entity controlling, controlled by, or under common control with TL. “Control” means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.
“Trade Mark” means the trade mark(s) “Tribe”
“Tribe Service” has the meaning ascribed to it in Clause 3.1.
“Tribe Package” has the meaning ascribed to it in Clause 3.3.
“User Generated Content” means any uploaded material, data shared, or contribution made such as text, links, photographs, graphics, video or audio or other data or information Posted on the Tribe App by any user of Tribe App.
“Website” means the online portal www.tribenow.tv, which is managed and/or operated by TL, providing a venue/platform to the users of the Website to learn more about the Tribe Service.
“You/you” or “Your/your” means the individual who is accessing and/or using the Tribe App and/or the Tribe Service.
1.2 Unless the contrary intention appears :-
- Headings are for convenience only and shall not in any way affect the interpretation and construction of these Terms & Conditions;
- Words imparting the singular shall include the plural and vice versa;
- Words importing a gender shall include every gender;
- References to any person shall include an individual, company, corporation, firm, partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
- References to “include”, “including” or words of similar import shall mean “without limitation”;
- Where any reference is made to the reservation of a right in favour of TL, the exercise of such right shall be unfettered and at the sole and absolute discretion of TL without the need for TL to assign any reason thereto; and
- No rule of construction shall apply to the detriment of a Party because that Party had control over the drafting of these Terms & Conditions or any part of it.
2.1 These Terms & Conditions represent an agreement entered into between you and TL concerning the use by you of the Tribe App and the Tribe Service. By downloading, using the Tribe App or receiving the Tribe Service, you are declaring that you have read, understood and agree to accept and be bound by and comply with these Terms & Conditions. These Terms & Conditions may be amended or supplemented from time to time by TL at its sole discretion, by posting revisions or a revised set of Terms & Conditions through or on the Tribe App. Your continued use of the Tribe App and / or the Tribe Service following the posting of any changes or modifications will constitute your acceptance of such changes, modifications, supplements or of such modified Terms & Conditions.
2.2 These Terms & Conditions shall apply to the exclusion of any other terms and conditions which you may purport to apply and in whichever way you purport to introduce them (“Your Provisions”). For the avoidance of doubt, you acknowledge and agree that TL shall not be bound by any of Your Provisions.
2.3 For the avoidance of doubt, you hereby agree and acknowledge that these Terms & Conditions are concluded between you and TL only, and not with Google Inc. (“Google”) or Apple Inc. (“Apple”), and that TL and not Google/Apple is solely responsible for the Tribe App and the content thereof in accordance to the terms hereof.
- ACCESS, FREE TRIALS, SUBSCRIPTION FEE
3.1 Tribe Service. Tribe Service refers to your access to the Content over the Internet via the Tribe App, in consideration of the Subscription Fee (with the exception of the Free Trial Period). TL reserves the right to amend at any time what comprises the Tribe Service.
3.2 Access to Tribe Service. You will be able to access the Tribe Service through the use of the Tribe App. In addition to the Tribe App, TL reserves the right to enable access to the Tribe Service through the Website or any other platform whether known now or in the future. You agree and acknowledge that both the Tribe App and the Website are managed and/or operated by TL.
3.3 Tribe Package. Unless otherwise determined by TL, the Tribe Service will be offered to you on monthly, weekly and/or daily packages together with a Designated Partner’s product (“Bundled Package”) or without a Designated Partner’s product (“Standalone Package”). Please refer to the Website for further details concerning the price and package permutations for the Bundled Package and Standalone Package.
3.4 TL reserves the right to offer the Tribe Package in different offerings, including special promotional plans with different terms, conditions and limitations. Such terms and conditions will be disclosed to you at sign-up or in other communications made available to you, and will be read together with these Terms & Conditions, provided always that in the event of any conflict or inconsistency, these Terms & Conditions shall prevail.
3.5 Once you have selected the Tribe Package you desire and have confirmed your purchase you will receive a notification confirming that the purchase was successful. Upon successful purchase, you will be able to view the Tribe Service via the Tribe App, subject to the timely payment of the applicable Subscription Fee and these Terms & Conditions.
3.6 Subscription Fee. With the exception of the Free Trial Period or other promotional offers, you acknowledge and agree that you will be charged the Subscription Fee in connection with your usage of the Tribe Service, depending on your Tribe Package selection. All Subscription Fees are subject to prevailing Goods and Services Tax (or equivalent tax in your jurisdiction). You shall pay the Subscription Fee via the payment channels determined by TL and/or by our Designated Partner.
3.7 Billing. In cases where the payment channels for access to the Tribe Service are provided to you by a Designated Partner, you expressly acknowledge that any Subscription Fee in connection with your viewing of the Tribe Service shall not be paid to TL directly but is to be paid to the Designated Partner. You are advised to carefully read the Designated Partner’s applicable terms and conditions for further details concerning the payment of the Subscription Fee in connection with access to the Tribe Service.
3.8 Taxes. Except as expressly provided for otherwise, you shall be responsible for all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated (hereinafter referred to as “Taxes”), arising out of or in connection with the Tribe Service, including but not limited to, any tax which you are required to withhold or deduct from payments to TL and/or a Designated Partner. If Taxes are required to be paid, you shall pay such additional sums as are necessary to ensure that TL and/or the Designated Partner receives a net amount equal to the Subscription Fee which TL and/or the Designated Partner would have received had the payment not been made subject to such Taxes.
3.9 Free Trial Period. Your access to the Tribe Service may begin with a free trial Licence, which will last for a period of thirty (30) consecutive days or as otherwise specified during sign-up (“Free Trial Period”). Free trials are for new customers only and on a one-off basis per customer. TL reserves the right to determine your free trial Licence entitlement, and such entitlement may be modified, suspended or terminated by TL at any time without prior notice or liability to you.
3.10 Opt in to the Tribe Service. Prior to the expiry of the Free Trial Period or the expiry of the relevant Tribe Package selected by you, as the case may be, you will receive notifications via short message system (“SMS”) or such other form of communication as determined by TL, that your access to the Tribe Service is due to expire, and such notification may provide you with the option to continue your access to the Tribe Service upon payment by you of the applicable Subscription Fee.
3.11 Cancellation and no-refund policy. You are entitled to cancel your subscription to the Tribe Service at any time. After your cancellation, you will be able to continue to have access to the Tribe Service until the remainder of your selected Tribe Package has been consumed. We reserve the right to provide a refund, discount or other consideration to some of our customers (“Credits”). The amount and form of such Credits, and the decision to provide them at all, are at our sole discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstances.
- USE OF CONTENT AND THE TRIBE SERVICE
4.1 You shall only use or view the Content on the Device for your own personal and private consumption. You are prohibited from displaying the Content in a public place or a commercial establishment such as a pub, bar, restaurant, club or café.
4.2 You are also prohibited from reselling the Content or charging any fee to any person to view the Content. You shall not, including without limitation, rebroadcast, reproduce, transmit, compress, modify, perform, display, record, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Content in any form whatsoever.
4.3 Where the Tribe Service is configured to enable the download of a particular Content, you may download one copy of such Content to multiple Devices (with the number of type of Devices being determined by TL in its sole discretion) for your personal, non-commercial, and private use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content and (c) do not use the Content in a manner that suggests an association with any of our products, the Tribe Service or brands. Any business use, “re-emailing” or high volume or automated use of the Tribe Service is prohibited.
4.4 You are prohibited from recording, copying or reproducing the Content or the Tribe Service or any part thereof other than solely for the purpose of domestic and private use and viewing as permitted by the relevant copyright laws in your jurisdiction (as may be amended or replaced from time to time).
4.5 The use of the Tribe Service and the use of the Content are only permitted in the country in which you have been provided access to the Tribe Service, and reception outside of such territory may constitute a violation of international copyright and other laws.
4.6 Theft, fraud, piracy or any other unauthorized usage of the Content may subject you to civil and criminal sanctions and is grounds for immediate suspension of the Licence and your access to the Tribe Service.
4.7 You acknowledge and agree that any person who has access to your Device may purchase the Tribe Package, and you will be responsible to pay for all such Subscription Fee in connection with such purchase.
4.8 The viewing of the Content on the Tribe Service requires you to have access to the Internet. Unless otherwise determined by TL, you may access the Tribe Service via a wireless networking technology (Wi-Fi). You shall assume all responsibility and liability in connection with your access to the Tribe Service via Wi-Fi.
4.9 You should be aware that your network provider may charge you both for access to its connection services and for the duration of your mobile phone’s connection while accessing the Tribe Services and/or using the Tribe App (these charges may include without limitation GPRS or Circuit Switch Data charges). You are solely responsible for these costs and the costs of any other third party associated with your receiving the Tribe Services and/or using the Tribe App.
- RIGHTS RESERVED BY TL
5.1 TL shall be entitled at its sole discretion to revise the Tribe Service and the Subscription Fee associated with the Tribe Package at any time and will use reasonable endeavours to notify you of such revisions.
5.2 TL reserves the right and shall be entitled at any time to:
- add, delete or make changes to the Tribe Service;
- add or substitute alternative or new Content;
- terminate or discontinue any of the Content included in the Tribe Service;
- alter the number of Content, price and/or the offering of the Tribe Package;
- reduce the number of hours of the broadcast of any of the Content included in the Tribe Service;
- upgrade or update any software currently in use for the Tribe Service; and/or
- upload or download any data or information that may be transmitted via the Tribe Service.
5.3 TL shall be under no liability whatsoever to you if any of the rights reserved in this Clause 5 are exercised by TL and you shall remain liable to pay the applicable Subscription Fee for your Tribe Package in full.
- YOUR REPRESENTATION, WARRANTY, COVENANT AND UNDERTAKING.
6.1 You represent, warrant, covenant and undertake with TL that:
(a) You are eighteen (18) years of age or above or the age of majority in your country or territory.
(b) Any and all information provided by you to TL is accurate and truthful.
(c) You shall use the Tribe Service only for lawful purposes and in accordance with these Terms and Conditions.
(d) You shall abide by all Applicable Laws and you are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the Tribe Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all Applicable Laws regarding on-line communication in the country in which you reside.
(e) You shall not use the Tribe Service in any manner that could damage, disable, overburden, or impair the Tribe Service (or the network(s) connected to Tribe Service) or interfere with any other party's use and enjoyment of the Tribe Service. You may not attempt to gain unauthorized access to the Tribe Service, computer systems or networks connected to the Tribe Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Tribe Service. You shall not use the Tribe Service to harvest information about other users for the purpose of sending or to facilitate the sending of unsolicited bulk or other communications.
(f) You shall be responsible for the payment of (i) the Subscription Fee (ii) charges for Content that is requested by you and/or (iii) any charges that TL may stipulate from time to time and all applicable charges incurred as a result of your use of the Tribe Service, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.
(g) You will not post or transmit through the Tribe Service any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon TL’s rights or those of others (including Intellectual Property Rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist, sexist, vulgar, or otherwise offensive. Always treat other users with respect.
(h) You will not post or otherwise make available on the Tribe Service any material, which you do not own without the express permission of the owner of the material.
(i) The Tribe Service will be used solely for private and personal viewing and the Tribe Service will not be displayed in a public place, hotel, pub, bar, restaurant, club, cafe or other commercial establishments. You will not resell the Tribe Service or impose any charge on others to view the Tribe Service, nor will you rebroadcast, reproduce, transmit, compress, modify, perform, display, record, publicly perform, duplicate, distribute, tamper, interfere, impose, remove, alter, add or delete the Tribe Service in any form whatsoever. You will not record, copy or reproduce the Tribe Service or any part thereof other than solely for the purpose of domestic and private use and viewing as permitted by the relevant copyright laws (as amended or replaced from time to time). You will not use the Tribe Service in any way not authorized by these Terms & Conditions.
(j) You will immediately notify TL of any change in any information provided or communication made to TL, as well as the discovery of any theft, piracy or other unauthorized usage of the Tribe Service ) or any fraud against TL. In such cases, you shall report immediately to TL when you discover any fraud, theft, loss, unauthorized use or any other occurrence of unlawful activities in relation to the Tribe Service and lodge a police report if required to do so and provide a copy of such police report to TL.
(k) You consent to TL upgrading and/or updating software currently used for the Tribe Service at any time at its sole and absolute discretion.
(l) You shall not resell or sublet or transfer or provide the Tribe Service and/or the Content to anyone.
(m) You shall adhere to all instructions and notices given by TL from time to time in respect of the use of the Tribe Service.
- PERSONAL DATA
7.3 If TL processes any Personal Data on your behalf when providing you with access to Tribe App and/or the Tribe Service, the Parties record their intention that TL shall be your data intermediary. You agree to the following:
(b) you shall ensure that TL may lawfully use, process and transfer the Personal Data in accordance with these Terms & Conditions on your behalf; and
(c) you shall ensure that the individuals whose Personal Data are being transferred overseas have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.
7.4 TL may also disclose your Personal Data when it is required or requested to do so by law, a court order or an order from any government or law enforcement authority or regulatory agency; if TL reasonably believes that it had a lawful right to disclose your Personal Data to any third party or that it would have had your consent for such disclosure if you had known of the same; and/or if TL’s disclosure to any third party is in the public interest.
7.5 Provision of all of your Personal Data as may be requested by TL is required for the processing of your use of Tribe Service. Failure to provide the same may result in TL not being able to provide the Tribe Service to you.
7.6 You represent and warrant that:
(a) for Personal Data of any third party individuals that you disclose to TL, that you would have prior to disclosing such personal data to TL obtained consent from the individuals whose Personal Data are being disclosed, to:
(i) permit you to disclose the individuals’ Personal Data to TL for the purposes as set out in this Clause 7; and
(b) any Personal Data of individuals that you will be or are disclosing to TL are accurate.
- LICENCE GRANT
8.1 You agree and acknowledge that TL gives you a personal, limited, non-transferable, non-sublicensable, non-assignable, terminable, revocable and non-exclusive license to install and use the Tribe App for your personal non-commercial use on compatible Devices that you own and/or control. Any commercial use is prohibited. For the avoidance of doubt, the Tribe App is licensed, not sold, to you by TL pursuant and subject to these Terms & Conditions. TL reserves all rights not expressly granted to you herein.
8.2 You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Tribe App or rights to use the Tribe App. These Terms & Conditions shall commence on the date that you install or otherwise use the Tribe App.
8.3 Your right to use the Tribe App is limited to the Licence, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Tribe App or any component of it, except as expressly authorized by TL. You are prohibited from making a copy of the Tribe App available on a network where it could be used or downloaded by multiple users.
8.4 You shall not decompile, disassemble, and attempt to extract the source code or reverse engineer the Tribe App, or any component thereof, by any means whatsoever.
8.5 The Tribe App may not be available to all Devices. You assume all responsibility to find out information regarding the end-user equipment and software necessary to use and/or access the Tribe Service and you shall assume all risks associated therewith.
- THIRD PARTY SERVICES
9.3 Any dealings with third parties (including advertisers) over the Third Party Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. You agree that TL 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 use of or reliance on any such content, goods or services available on or through any such website or resource. The purchase of any product or service from a merchant from any one or more of the Third Party Services is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant.
- PARENTAL ADVISORY
If you are under the age of 18, please review these Terms & Conditions with your parents. The Tribe Service is not designed for use by children under the age of 18 as the Tribe Service may provide access to content that contains explicit content including use of profane language and/or sexual references. Parental discretion is advised for all users below 18. By accessing and/or using the Tribe Service, you represent and warrant that you are above 18 and have the right, authority and capacity to enter into these Terms & Conditions and abide by all of the terms and conditions of the Terms & Conditions.
- USER GENERATED CONTENT
11.1 User Generated Content are made available to you for your information and personal use solely as intended through the normal functionality of the Tribe Service. User Generated Content are made available on an “as is” basis, and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Tribe Service or otherwise as prohibited under these Terms and Conditions.
11.2 You may be invited (whether or not due to participation of any contests, giveaways, etc.), to Post any User Generated Content in the Tribe App and you agree, by submitting your contribution, to grant to TL and the TL Group a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media, now known or later developed, for the full terms of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in these Terms & Conditions.
11.3 You also hereby grant each user of the Tribe Service a non-exclusive licence to access your User Generated Content through the access and/or use of the Tribe Service, and to use such User Generated Content only as permitted through the functionality of the Tribe Service as detailed in Clause 4 of these Terms & Conditions.
11.4 You understand and agree that we may retain and store, but not display, distribute, or perform, server copies of User Generated Content that have been removed or deleted. The above licences granted to us, by you in User Generated Content are irrevocable.
11.5 Further to the foregoing paragraph, by submitting your User Generated Content on the Tribe App, you warrant that:
(a) your User Generated Content is your own original work or you have the necessary licence, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the provision of the Tribe Service and these Terms and Conditions and that you have the right to make it available to us for all the purposes specified above;
(b) your User Generated Content is not defamatory;
(c) your User Generated Content does not infringe any law;
(d) you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
(e) you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the license rights granted herein;
(f) you shall indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty; and
(g) waive any moral rights in your User Generated Content for the purposes of its submission to and publication in the Tribe App and the purposes specified above.
11.6 You understand that whether or not such User Generated Content is Posted, we do not guarantee any confidentiality with respect to any User Generated Content.
11.7 We do not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content. We do not permit activities which will infringe any Intellectual Property Rights including copyright and we will remove all infringing Content and User Generated Content upon notification that such Content or User Generated Content infringes on another’s Intellectual Property Rights. We further reserve the right to remove Content and User Generated Content without prior notice as stated in these Terms & Conditions.
11.8 You understand and agree that we may review and delete any User Generated Content that you Post on the Tribe App at any time without notice, without liability and for any reason whatsoever, and/or that we, in our sole judgment, believe (1) violates these Terms a& Conditions, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other user.
11.9 Below is a partial, non-exhaustive list of the kind of User Generated Content that is illegal or prohibited on the Tribe App. Posting of any of this User Generated Content by you may, in our sole discretion, result in the revocation, suspension and/or termination of the Licence and your use and/or access of our Tribe Service. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Tribe App and reporting such violators to the appropriate legal authorities. Prohibited User Generated Content includes, but is not limited to, User Generated Content which, in our sole judgment:
(a) is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) creates a risk of loss or damage to any person or property, or harms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence;
(c) involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
(d) includes any information that (i) you know is false or misleading, (ii) promotes illegal activities or conduct that is abusive, or (iii) is threatening, obscene, defamatory, or libelous;
(e) constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (i) pirated computer programs or links to them, (ii) information which circumvents manufacturer-installed copy-protect devices, (iii) pirated music, images, or video, or links to pirated music, image, or video files, or (iv) Content which otherwise violates the terms of Clause 4;
(f) displays pornographic or sexually explicit material of any kind;
(g) includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
(h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(i) solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
(j) constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising;
(k) promotes or encourages self-harming; or
(l) breaches any Applicable Laws or regulations.
Even though all of the above User Generated Content is strictly prohibited, there is a small chance that you might become exposed to such items while using and/or accessing our Tribe Service.
11.10 Further restrictions on your use and/or access of our Tribe Service:
(a) You must use and/or access our Tribe Service in a manner consistent with any and all Applicable Laws and regulations.
(b) Although we cannot monitor your conduct, it is a violation of these Terms & Conditions to use any information obtained from the Tribe Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other user without the prior explicit consent of such user and TL.
11.11 Copyright Protection Policy. If you believe that your work has been copied and Posted on the Tribe App without your permission or in any other way that constitutes copyright infringement or if you have any form of complaint or grievances in relation to the User Generated Content Posted, please contact us at penny @tribenow.tv.
11.12 User Disputes. You are solely responsible for your interactions with other user(s). We reserve the right, although we have no obligation, to monitor disputes between you and other user(s), and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of these Terms & Conditions, including the termination of the Licence of one or more user(s).
- ALTERATION TO THE SERVICES AND TERMINATION
12.1 TL may amend all or part of the Tribe App or Tribe Services including the contents therein at any time.
12.2 Without limiting anything herein contained, TL reserves the right to cancel, withdraw, suspend or terminate your use and/or access to the Tribe Service or any Content therein for any reason whatsoever at TL’s sole discretion, without liability and notice to you.
12.2 In furtherance to the above, TL reserves the right under the Terms & Conditions, to cancel, withdraw, suspend or terminate your use of and/or access to the Tribe Service without notice to you and without liability if:-
(a) TL in its sole discretion ceases any free, trial or promotional services including the Free Trial Period, but such termination shall solely relate to such services.
(b) TL suspects fraudulent use, which may include attempting to register for free, trial or promotional offers to circumvent any one-trial-per-user limitation;
(c) You materially violate these Terms & Conditions, any of our Designated Partner’s terms and conditions, any Applicable Law, rule or regulation relating to the use of and/or access to the Tribe Service;
(d) any law, regulation or governmental action renders all or any portion of the Tribe Service unlawful or impracticable;
(e) Your use of and/or access to the Tribe Service impairs or threatens to impair the integrity or functionality of our network in any manner; or
(f) TL in its sole discretion has determined that you have violated and acted inconsistently with the spirit of these Terms & Conditions.
12.3 The termination of these Terms & Conditions, the Licence, or the provision of the Tribe Service to you for any reason shall not release you from any liability which at the time of termination has already accrued, including the payment of any outstanding Subscription Fee. TL’s right to suspend or terminate the Tribe Service shall be without prejudice to any other rights or remedies which TL may have under these Terms and Conditions. You agree that TL shall not be liable to you or any third party for any cancellation, withdrawal, suspension or termination of your use and/or access to the Tribe Service and you hereby release TL from any liability whatsoever.
12.4 Upon termination, you agree that you shall immediately stop accessing or using in any way (or attempting to access or use) the Tribe Service and you agree not to circumvent, avoid, or bypass the restriction of access or otherwise restore or attempt to restore such access or use.
12.5 Any termination of these Terms & Conditions (howsoever occasioned) shall not affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
- EXCLUSION OF TL’S LIABILITY
13.1 TL is neither responsible nor liable to you for any interruptions, suspension or termination of the Tribe Service and Content for any reason whatsoever, whether or not within TL’s control, including but not limited to the failure of power, transponders, satellite or satellite transmissions, satellite ground control equipment, signal processing and uplink equipment , acts of God, emergencies, military operations, civil disorder, industrial disputes of any kind, fire, flood, lightning, rain, sun or other weather outages, explosion, acts or regulations by the government (including the withdrawal of consents, permits or licences) or failure, termination or cessation by third parties to provide the Content included in the Tribe Service and any force majeure reasons. TL will not be liable to you for any refunds of the Subscription Fee paid, or any other claims or for any costs incurred by you in obtaining substitute services, nor for any loss of profits or business or other direct, special, indirect, incidental or consequential damages, even if TL has been advised in advance that such loss may occur.
13.2 TL makes no warranties or representations whatsoever with respect to the Content included in the Tribe Service, in particular TL does not guarantee the sequence, accuracy, completeness, timeliness or the security of any data or information contained in the Tribe Service and shall not be liable for any claim arising out of any act or omission by TL or any act or omission by you, including claims for loss or damage, libel, slander, personal injury, damage to property or any other loss arising howsoever caused. For the avoidance of doubt, TL does not exclude its liability for death or personal injury caused from its negligence.
13.3 The Tribe Service is provided on “as is” and “as available” basis. You acknowledge that your use of the Tribe Service and any information obtained through the Tribe Service shall be at your own risk without warranties of any kind in relation to the Tribe Service including but not limited to availability, accessibility, timeliness or security of any content or information transmitted or obtained using the Tribe Service or provided to you as part of the Tribe Service, as well as merchantability, fitness for a particular purpose, title and non-infringement to the fullest extent allowed by law.
13.4 You understand and acknowledge that the transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues inter alia, (i) third party telecommunications operators, and (ii) the proper maintenance of your receiving equipment. TL neither guarantees nor warrants that the Tribe Service will be free from any fault, error or interruption nor will TL be liable for any inability to use or access the Tribe Service, or for the interruption, delay or failure of the Tribe Service.
13.5 To the fullest extent permitted by law, TL will not be liable to you or any person claiming through you for any costs, loss or damages (whether direct or indirect), or for loss of revenue or profits or for any special or consequential loss, loss of data, loss of business or loss of anticipated savings of any nature whatsoever (even if TL had been advised of the possibility of such losses) due to any non-performance of TL’s obligations including but not limited to:-
(a) use or inability to use or access the Tribe Service for whatever reasons such as telecommunications failure, adverse weather conditions, electromagnetic interference, equipment failure or congestion in the Tribe Service network, the quality of the Tribe Service, information available or obtained via the Tribe Service or arising out of any action taken in response to or as a result of such information available or obtained via the Tribe Service;
(b) any upgrading or modification to the Tribe Service as deemed necessary by TL;
(c) any act, omission, error, default by TL and/or TL's related companies, its officers, employees and agents in relation to the Tribe Service, save for any death or personal injury caused by TL’s negligence;
(d) any claim for libel, slander, infringement of any Intellectual Property Rights arising from the transmission and receipt of material in connection with the Tribe Service and any claims arising out of any act, omission, negligence or default by you in relation to any part of the Tribe Service;
(e) any interruption, suspension, termination, malfunction, unauthorized use, defect or loss of the Tribe Service for any reason whatsoever;
(f) any loss, distortion or corruption of data arising out, or from the use, of the Tribe Service;
(g) the use of any equipment (whether provided by TL or otherwise) which does not guarantee reliability and signal strength quality; and
(h) any inconvenience caused to you.
13.6 TL assumes no responsibility for the activities or conduct of other users of Tribe App.
13.7 Where TL’s liability is not expressly excluded under these Terms & Conditions or under any applicable law, TL’s liability to you in contract, tort (including negligence) or otherwise howsoever and whatever the cause thereof, arising by reason of or in connection with these Terms & Conditions, the Tribe App and/or the Tribe Services, shall be up to a maximum aggregate amount of USD 50 (fifty).
- PROPRIETORY RIGHTS
14.1 The Tribe Service and its Content are protected by trademark, copyright, or other intellectual property laws and international treaties. Any unlawful use of the Tribe Service and Content is strictly prohibited. You agree that our Content is intended only for your personal viewing and that any reproduction, communication, rental, performance, redistribution or recording in any form or format of the Content or any party thereof whether for commercial reason or otherwise is strictly prohibited by these Terms and Conditions or by any law and may result in severe civil and/or criminal actions or penalties.
14.2 You acknowledge that TL or third parties own all rights, title and interest in and to the Tribe App and technology comprised in the Tribe Service, including without limitation software and portions thereof and all Intellectual Property Rights, and you shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid. Unless otherwise expressly permitted by mandatory applicable law, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Tribe App. You shall not rent, lease, lend, sell, redistribute or sub-license, the Tribe App. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any trade marks that are associated with the Tribe App or the Tribe Service or that you have sight of when using the Tribe Service, without the prior written consent of TL
14.3 You undertake that you shall not use and you shall not allow the use of, the Trade Mark or Name in any of the following ways:
(a) as part of any corporate or legal business name, which you are connected with, involved in or participating in;
(b) in connection with any of your services or activities;
(c) as part of any domain name, homepage, electronic address, metatag, or otherwise in connection with the Internet or a website, except with the prior written consent of TL; and
(d) with any prefix, suffix, or other modifying words, terms, designs, or symbols
14.4 No logo, graphic, sound or image found in the Tribe Service may be copied or retransmitted unless we expressly allow it in writing.
14.5 You agree to not remove, obscure, or alter TL’s or any third party’s copyright notice, trade marks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Tribe App.
14.6 You agree and undertake that:
(a) all rights, title, interest and any goodwill in the Name and/or Trade Mark, or any derivatives thereof, belong exclusively and wholly to TL and that you shall not under any circumstances gain any right to or interest or goodwill in the Name and/or Trade Mark or any derivatives thereof independently of TL; an
(b) you shall not register domain names associated with or including the Website, the Name and/or the Trade Mark, or any derivatives thereof, or any name that is confusingly similar to any of them including any visual or phonetic equivalent or other derivation thereof (hereinafter referred to as “Domain Names”) and that TL shall retain at all times all legal and beneficial rights, title and interest in the Domain Names.
14.7 You shall not at any time, including in the event of a termination of these Terms & Conditions, use, adopt, register or apply to register, in any country, any name, corporate name, company name, business name, trading name, domain name, or trade mark which:
(a) is identical, similar to, or is a colourable imitation of, the Trade Mark and/or of the Name;
(b) incorporates the Trade Mark and/or Name, or is a combination or variation of the Trade Mark and/or Name; or
(c) is similar to any graphic, visual or phonetic representation of the Trade Mark and/or Name.
15.1 You agree to indemnify, defend and hold TL, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Tribe Service harmless from and against all losses, expenses, damages and costs, including legal fees, resulting from or arising out of:
(a) your use of or conduct or access to the Tribe Service;
(b) your violation of these Terms & Conditions;
(c) your violation of any third party right, including without limitation any copyright, property or privacy rights; or
(d) your failure to comply with any applicable law or regulation.
This indemnification obligation will survive the termination of these Terms & Conditions and your use of the Tribe Service.
15.2 The provisions of these clauses are for the benefit of TL and its officers, directors, employees, agents, shareholders, licensors and suppliers to the Tribe Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- GENERAL TERMS
16.1 These Terms and Conditions shall be governed by the laws of Singapore, without reference to conflict of laws principles. Any dispute between you and TL regarding these Terms and Conditions will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Center (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Center for the time being in force, which rules are deemed to be incorporated by reference in this clause, and you expressly waive all defences to jurisdiction. The seat of arbitration shall be in Singapore. The Tribunal shall consist of one arbitrator and the language of arbitration shall be English.
16.2 In any event of force majeure or cause outside reasonable control, TL may be prevented from carrying out its obligations under these Terms and Conditions, which may cause breach, hindrance or delay in carrying out its obligations under these Terms and Conditions.
16.3 These Terms & Conditions herein constitute the entire agreement between you and TL with respect to the subject matter hereof, and supersedes all previous oral or written agreements or understanding between you and TL, and no advice or information, whether oral or written, obtained by you (whether before or after the date you accept these Terms & Conditions) shall create any obligation or warranty on our part not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by TL’s subsidiaries or affiliates, third party content or third party software. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms & Conditions.
16.4 TL’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by TL in writing.
16.5 If any provision of these Terms & Conditions is held invalid, the remainder of these Terms & Conditions will continue in full force and effect, and if any provision(s) of these Terms & Conditions is held by a court of competent jurisdiction to be contrary to law or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
16.6 Any notice under these Terms & Conditions to TL shall be given in writing, either through a letter or e-mail based on the address and e-mail address as stated on the Website. Any notice under these Terms & Conditions to you shall be sent in writing to the Customer’s mobile Device via SMS and if possible, by e-mail. A notice will be deemed received upon hand delivery or on the 3rd business day after posting, upon receipt of an e-mail or upon receipt of an SMS.
16.7 Nothing in these Terms & Conditions shall create or be deemed to create a partnership, joint venture or an agency relationship between you and TL.
16.8 TL may assign these Terms & Conditions to any party at any time without notice to you and these Terms & Conditions shall be binding upon and inure to the benefit of each party’s respective permitted successors and assignees. The rights to use the Tribe Service and the Tribe App are personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms & Conditions.
16.9 You may not assert any claim against TL in connection with these Terms & Conditions unless you have given TL written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to these Terms & Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. For the avoidance of doubt, this restriction does not apply to any claim by TL against you.
16.10 These Terms & Conditions may be translated into a local language. In the event of any inconsistency or different interpretation between the local language version and English versions of these Terms and Conditions, the English version will prevail and the local language version is deemed to be automatically amended to conform to the relevant English version.
17. Additional Terms for Google Play
17.1 If Tribe App has been downloaded from Google Play, you agree to comply with any applicable terms and conditions of the same, as may be amended from time to time, including but not limited to the “Google Play Terms of Service” which can be found at:
17.2 You also agree that you will not use Tribe App in any way that would result in or cause the Application and/or TL to be in violation of any terms and conditions applicable to developers and applications on Google Play, as may be amended from time to time, including but not limited to the “Google Play Developer Programme Policies” and the “Google Play Developer Distribution Agreement” which can be found at:
18. Additional Terms for Apple Store
18.1 If Tribe App has been downloaded from the Apple Store or iTunes, you agree to comply with any applicable terms and conditions of the same, as may be amended from time to time, including but not limited to the “iTunes Store Terms and Conditions” which can be found at:
18.2 You also agree that you will not use the Application in any way that would result in or cause the Application and/or TL to be in violation of any terms and conditions applicable to developers and applications on the Apple Store or iTunes, as may be amended from time to time, including but not limited to the “App Store Review Guidelines” and the “Instructions for Minimum Terms of Developer’s End-User License Agreement” which can be found at:
18.3 The following additional terms and conditions shall apply if the Tribe App has been downloaded from the Apple Store or iTunes and is intended for use on an Apple iOS-powered Device.
(a) You acknowledge that these Terms & Conditions are between you and TL only, and not with Apple and/or any of its local entities.
(b) TL, and not Apple, is solely responsible for the Tribe App, any Content, and/or the provision of the Tribe Service. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the same. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Tribe App, any Content, and/or the provision of the Tribe Service.
(c) You agree that TL, and not Apple, is responsible for addressing any claims by you or any third-party relating to Tribe App, any Content, and/or the provision of the Tribe Service or your possession and/or use of the same.
(d) You agree that TL, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Tribe App, any Content, and/or the provision of the Tribe Service or your possession and/or use of the same.
(e) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(f) You agree to comply with all applicable third-party terms of agreement when using Tribe App, any Content, and/or the provision of the Tribe Service (e.g., you must not be in violation of your network service provider’s terms of agreement when using the Tribe App, any Content, and/or the provision of the Tribe Service).
(g) The Parties agree that Apple is a third-party beneficiary to these Terms & Conditions as they relate to your license of Tribe App, any Content, and/or the provision of the Tribe Service. Upon your acceptance of these Terms & Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions against you as they relate to your license of Tribe App, any Content, and/or the provision of the Tribe Service as a third-party beneficiary thereof.
18.4 You acknowledge and agree that if any of the terms and conditions of these Terms & Conditions are inconsistent with Apple’s “Instructions for Minimum Terms of Developer’s End-User License Agreement”, the terms and conditions of Apple’s “Instructions for Minimum Terms of Developer’s End-User License Agreement” shall prevail.