Terms of Use

 

Welcome to tribefii's Terms of Use! We are truly excited to have you aboard. Thank you for choosing to use our services.

Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. tribefii offers a wide range of services and features, and part of the terms below may not be relevant to the specific services you use.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. If you have any suggestions on how we can improve them, you are more than welcome to contact us at support@tribefii.com.

1 INTRODUCTION

1.1. Our Purpose

Our services offer our users the ability to design and build a complete Digital Marketing Campaign and implement it in a very short time frame, even if they have no digital marketing knowledge. As detailed below, we offer our users numerous tools and features for creating several types of marketing campaigns so that they can bring their products to market faster, with less cost, and grow their business in a shorter timeframe. The websites and platforms created by Users are collectively referred to herein as (“User Platform(s)”).

1.2. Legal Agreement

These tribefii Terms of Use (“Terms of Use”), together with such additional terms which specifically apply to some of our services and features as presented on the tribefii website(s) (“tribefii Website”, and collectively – the “tribefii Terms”), all set forth the entire terms and conditions applicable to each visitor or user (“User” or “you”) of the tribefii Website and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the tribefii Website defined as the “tribefii Services” or “Services”).

The tribefii Terms constitute a binding and enforceable legal contract between Pippin Puffin Pte Ltd and its affiliated companies and subsidiaries worldwide ("PippinPuffin", “tribefii”, “us” or “we”) and you in relation to the use of any tribefii Services - so please read them carefully.

You may visit and/or use the tribefii Services if you fully agree to the tribefii Terms - and by using and/or registering to any of the tribefii Services, you signify and affirm your informed consent to these Terms of Use and any other tribefii Terms applicable to your use of any tribefii Services. If you do not read, fully understand and agree to the tribefii Terms, you must immediately leave the tribefii Website and avoid or discontinue all use of the tribefii Services.

By using our Services, you acknowledge that you have read our Privacy Policy available at https://www.tribefii.com/privacy-policy (“Privacy Policy”).

1.3. User Account

In order to access and use certain sections and features of the tribefii Services, you must first register and create an account with tribefii (“User Account”).

If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the tribefii Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.

Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.

You must provide accurate and complete information when registering your User Account and using the tribefii Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us. 

In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.

  1. tribefii will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant tribefii Service, as the person or entity who has access to the e-mail address then listed in tribefii’s records for such User Account under which such User Platform or User Content was created.
  2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, tribefii will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the whois.net website or on tribefii’s database, tribefii will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, tribefii will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, tribefii shall consider the person registered as the owner of the domain connected to the Pippin Puffin Account as the owner of the User Platform.
  3. Notwithstanding the forgoing, tribefii shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event tribefii deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by tribefii.  

2 YOUR OBLIGATIONS

2.1. You represent and warrant that:

  1. you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the tribefii Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the tribefii Terms;
  2. you are not a designated individual or entity defined under the relevant United Nation regulations and/or listed in the Lists Designated Individuals and Entities in http://www.mas.gov.sg/Regulations-and-Financial-Stability/Anti-Money-Laundering-Countering-The-Financing-Of-Terrorism-And-Targeted-Financial-Sanctions/Targeted-Financial-Sanctions/Lists-of-Designated-Individuals-and-Entities.aspx;
  3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
  4. you understand that tribefii does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;

    And specifically regarding your User Content:


  5. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by tribefii Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
  6. you have (and will maintain) the full power, title, licenses, consents and authority to allow tribefii Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
  7. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for tribefii and/or your End Users to access, import, copy, upload, use or possess in connection with the tribefii Services;
  8. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

  1. fully comply with all applicable laws and any other contractual terms which govern your use of the tribefii Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  2. be solely responsible and liable with respect to any of the uses of the tribefii Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the tribefii Services);
  3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
  4. receive from time to time promotional messages and materials from tribefii or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
  5. allow tribefii to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of tribefii’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against tribefii or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
  6. tribefiis sole discretion as to the means, manner, and method for performing the tribefii Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
  7. ​tribefii shall have the right to offer the tribefii Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the tribefii Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

2.3. You agree and undertake not to:

  1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the tribefii Website, the tribefii Services (or any part thereof), any Content offered by tribefii or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Pippin Puffin’s prior written and specific consent and/or as expressly permitted under the tribefii Terms;
  2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of tribefii or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
  4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law;
  5. upload, insert, collect or otherwise make available within the tribefii Website or the tribefii Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
  6. publish and/or make any use of the tribefii Services or Licensed Content on any website, media, network or system other than those provided by tribefii, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the tribefii Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Pippin Puffin, in advance and in writing;
  7. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the tribefii Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the tribefii Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the tribefii Services;
  8. act in a manner which might be perceived as damaging to tribefii’s reputation and goodwill or which may bring tribefii into disrepute or harm;
  9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use tribefii or tribefii Marks and/or variations and misspellings thereof;
  10. impersonate any person or entity or provide false information on the tribefii Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to tribefii and/or any End Users;
  11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that tribefii or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
  12. reverse look-up, trace, or seek to trace another User of tribefii Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the tribefii Services and/or User Platform without their express and informed consent;
  13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the tribefii Services, User Platform, the account of another User(s), or any other systems or networks connected to the tribefii Services, by hacking, password mining, or other illegitimate or prohibited means;
  14. probe, scan, or test the vulnerability of the tribefii Services or any network connected to the tribefii Services;
  15. upload to the tribefii Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the tribefii Services or tribefii’s systems or networks connected to the tribefii Services, or otherwise interfere with or disrupt the operation of any of the tribefii Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  17. use any of the tribefii Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  18. access to tribefii Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
  19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or tribefii Services, except as expressly permitted by the tribefii Terms;
  20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the tribefii Services and/or Licensed Content; or
  21. violate, attempt to violate, or otherwise fail to comply with any of the tribefii Terms or any laws or requirements applicable to your use of the tribefii Services.
  22. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

​You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services. 

3 CONTENT AND OWNERSHIP

3.1. Your Intellectual Property

As between tribefii and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. tribefii does not claim ownership rights on your content. For the sole purpose of granting you the service, you know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and content delivery network (CDN’s), to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

3.2. tribefii's Intellectual Property

All rights, title and interest in and to the tribefii Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the tribefii Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to tribefii.

Subject to your full compliance with the tribefii Terms and timely payment of all applicable Fees, tribefii hereby grants you, upon creating your User Account and for as long as tribefii wishes to provide you with the tribefii Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the tribefii Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the tribefii Terms, and solely within the v Services.

The tribefii Terms do not convey any right or interest in or to tribefii’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the tribefii Terms constitutes an assignment or waiver of tribefii’s Intellectual Property rights under any law.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the tribefii Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Pippin Puffin. By providing such Feedback to Pippin Puffin, you acknowledge and agree that it may be used by Pippin Puffin in order to: (i) further develop, customize and improve of the Pippin Puffin Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized Pippin Puffin -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which Pippin Puffin may use to provide and improve its services, (vi) to enhance Pippin Puffin data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations.

In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to Pippin Puffin any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

4 PRIVACY

Certain parts of the tribefii Services (including certain Third Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the tribefii Services, tribefii and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the Pippin Puffin Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

5 SERVICE FEES

5.1. Paid Services

The use of certain tribefii Services may be subject to payment of particular fees, as determined by tribefii in its sole discretion (“Paid Services” and “Fee(s)”, respectively). tribefii will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

tribefii reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, tribefii shall have the right to automatically and without notice renew your subscription to such tribefii Service(s) at the full applicable Fee.

All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by tribefii. To the extent permitted by law (and unless specified otherwise by tribefii in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the tribefii Services, or to any payments or purchases made by you. If tribefii is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). tribefii is not responsible for any such additional fees or costs.

As part of registering or submitting information to receive Paid Services, you also authorize tribefii (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries tribefii or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

5.2. Invoices

tribefii and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by tribefii (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only. 

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods).

For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, tribefii will attempt to automatically charge you the applicable Fees using the payment method you have on file with tribefii, within two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Paid Service is subject to a yearly or multiple-year subscription period, tribefii will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.

You may turn-off the auto-renewal option or cancel your Paid Services at any time by turning off your paypal payment arrangement to tribefii.

Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the tribefii Services you use (whether or not such tribefii Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any tribefii Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any tribefii Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against tribefii in relation to the discontinuation of any tribefii Services or Third Party Services, for whatever reason.

6 CANCELLATION

6.1. Cancellation by User

You may discontinue to use and request to cancel your User Account and/or any tribefii Services at any time, in accordance with the instructions available on the tribefii™ Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the tribefii Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.

Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.

6.2. Cancellation by tribefii

Failure to comply with any of the tribefii Terms and/or to pay any due Fee shall entitle tribefii to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related tribefii Services (e.g., Paid Services) or Third Party Services to you. 

6.3. Loss of Data, Content and Capacity

If your User Account or any tribefii Services or Third Party Services related to your User Account are cancelled (whether at your request or at tribefii’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). tribefii shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any tribefii Services following their cancellation, as determined by tribefii in its sole discretion.

7 E-COMMERCE

The tribefii Services also include certain features which enable you to sell goods, content, media and services through your User Platform (“User Products”, and collectively – “E-Commerce”).

You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through such third party payment service providers with which you decided to register and set up an account (“E-Commerce Service Provider(s)”), in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any such E-Commerce Service Providers, or for the actions of any of these E-Commerce Service Providers.

By using any of our E-Commerce features, you acknowledge, warrant and agree that:

  1. You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law; 
  2. Any Taxes indicated by the E-Commerce features provided to you by tribefii are solely provided for illustration purposes only, and may not be relied on in any way;
  3. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
  4. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
  5. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and –
  6. tribefii may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.

8 THIRD-PARTY SERVICES

The tribefii Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the tribefii Website , third party Licensed Content, media distribution services, E-Commerce Service Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, “Third Party Services”).

You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain tribefii Services, offered separately by tribefii or persons certified or authorized by tribefii, or otherwise offered anywhere on the tribefii Services), tribefii merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. tribefii will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services.

You acknowledge that such services may require the payment of additional amounts to tribefii and/or to the providers of such Third-Party Services.

Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.

While we hope to avoid such instances, tribefii may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the tribefii Services, any Third Party Services – whether or not incorporated with or made part of your User Account and/or User Platform(s) at such time – without any liability to you or to any End Users.

9 SHUTTERSTOCK SERVICES THROUGH TRIBEFII

9.1. Licensing of Images

When you license an item of Shutterstock commercial images ("Stock Images") through www.tribefii.com (the “Platform”), you will be granted an individual, irrevocable, non-exclusive, non-transferable, right, throughout the world, in perpetuity, to use such Images, or any part thereof, an unlimited number of times, solely as incorporated into digital products and services created and distributed by you using the Platform.

9.2. Stock Images Restrictions

  1. You shall not use any Stock Images:
    • Except solely as incorporated into the products created and distributed using the Platform.
    • together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party's trademark or intellectual property rights.
    • portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
    • as a trademark, service mark, or logo.
  2. Nothing contained herein shall be deemed to transfer the copyright to any Stock Images to you. Shutterstock and/or the various artists who provide Stock Images to Shutterstock own all rights, including the copyrights in and to the Stock Images, and reserve all rights in and to the Stock Images not expressly granted hereunder.

9.3. Appropriate Conduct and Usage Restrictions:

When accessing, licencing and using Shutterstock Stock Images, you will not do the following, attempt to do the following, or permit other third parties to do the following:

  1. interfere with or disrupt Shutterstock services or servers or networks connected to Shutterstock services, or disobey any requirements, procedures, policies or regulations of networks connected to Shutterstock services;
  2. place, nor cause, enable or permit a third party to place, advertisements or other materials that overlay, obscure or misattribute the Images;
  3. use Images and/or services for any illegal or unauthorized purpose;
  4. circumvent or modify any Keys or other security mechanisms employed by Shutterstock or the API, including without limitation any authentication technologies;
  5. enable any other person to personally identify any User of your website(s) or software application(s) (your “Application”) except with the User's express consent;
  6. falsify, modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material (including Stock Images);
  7. provide content with, in or in connection with your Application that falsely expresses or implies that such content is sponsored or endorsed by Shutterstock;
  8. upload, post, email or transmit or otherwise make available with, in or in connection with your Application, any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you (or the end user posting the content) are the owner of the content or have the permission of the owner to post such content;
  9. transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature.

9.4. Export Controls:

You shall, in your use of the Shutterstock Stock Images, comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control in connection with your use of the APL.

10 MISCONDUCT AND COPYRIGHTS

When using the tribefii Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Pippin Puffin with respect thereto.

If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the tribefii Services, please immediately report such User and/or Third Party Service to us via the SUPPORT link. You agree that your report shall not impose any responsibility or liability upon tribefii, and that tribefii may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

12 LIMITATION OF LIABILITY

To the fullest extent permitted by law in each applicable jurisdiction, tribefii, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the tribefii Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Pippin Puffin Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the tribefii Services; (6) events beyond the reasonable control of tribefii, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism,  governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of tribefii Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for tribefii’s services to you, and such limitations will apply even if tribefii has been advised of the possibility of such liabilities.

13 INDEMNITY

You agree to defend, indemnify and hold harmless tribefii, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other tribefii Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the tribefii Services, including, without limitation, tribefii Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

14 GENERAL

14.1. Changes & Updates

tribefii reserves the right to change, suspend or terminate any of the tribefii Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the tribefii Services (including removal of any materials created by you in connection with the tribefii Services) for any reason and/or change any of the tribefii Terms with or without prior notice - at any time and in any manner.

You agree that tribefii will not be liable to you or to any third party for any modification, suspension or discontinuance of those tribefii Services.

If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current Pippin Puffin Services without enabling such changes, or provide you with alternative Services.

14.2. Governing Law & Jurisdiction; Class Action Waiver

The tribefii Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the tribefii Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Pippin Puffin Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of Singapore.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Singapore

Subject to any applicable law, all disputes between you and tribefii shall only be resolved on an individual basis and you shall not have the right to bring any claim against tribefii as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).   

14.3. Notices

We may provide you with notices in any of the following methods: (1) via the tribefii Services, including by a banner or pop-up within the tribefii Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. tribefii's notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

14.4. Relationship

The tribefii Terms, and your use of the Pippin Puffin Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between tribefii and you.

14.6. Assignment

tribefii may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the tribefii Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of tribefii. Any attempted or actual assignment thereof without tribefii’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎14.6 shall not in itself grant either tribefii or you the right to cancel any tribefii Services or Third Party Services then in effect.

14.7. Severability & Waivers

If any provision of the tribefii Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the tribefii Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

14.8. Interpretation

Any heading, caption or section title contained herein, and any explanation, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

14.9. Customer Service Contact

To get in touch with our Customer Service - please use any of the options listed below:

  • SUPPORT link which is available after you logged in to your account
  • Contact Us link at https://www.tribefii.com/contact-us

Last Revised: [26 Oct 2018]

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tribefii™ is a trademark of Pippin Puffin Pte Ltd