updated October 10, 2006
The Tribetm service including the website at www.tribe.net ("Service") offers a place for adults to meet friends on-line, build relationships, share discussion, and view content. The Service is organized locally to help you connect with your community, whether you're looking for a job, or a roommate.
BY USING THE SERVICE, INCLUDING VIEWING CONTENT, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS CONTRACT ("Service Agreement") between you and New Systems Associates (whether or not you choose to become a member). Your access to and use of the Service is expressly conditioned on your compliance with these terms and conditions.
New Systems Associates is a Delaware Limited Liabilty Corporation located at 15732 Los Gatos Blvd, #304, Los Gatos, CA 95032 and is referred to as "Tribe", "we" or "our" in this Service Agreement. You confirm you are at least 18 years old. These and other facts you give to Tribe must be true and correct.
Please note that this Service Agreement limits our liability and we do not provide warranties for the Service. This Service Agreement also limits your remedies. These warranty disclaimers and limitations are covered in Sections 15 and 16 and we urge you to read them carefully.
You also agree that we may modify these terms from time to time at our sole discretion, as set forth in Section 9, and that you will not use the Service unless you accept such modified terms. You may review the current version of this Service Agreement at any time at www.tribe.net/template/pub,Terms.vm.
2. Membership Responsibility
By registering as a member, you confirm your acceptance of this agreement and represent and warrant that you are at least 18 years old. Your membership is solely for your individual use and you will not authorize others to use your account, profile, or messages. You are solely responsible for all use of your account including but not limited to content published, messages sent or posted, and interactions with other members, whether or not you have authorized such activities. You agree to maintain the accuracy of your registration information and to keep account information confidential. You must tell us right away about anyone besides you using your account, or any security breach that relates to the Service. You understand and agree that we have no obligation to prescreen, manage, or edit content made available through the service. You agree to bear all risk associated with content you or others provide using your account. Membership in the Service is void where prohibited.
3. Monitoring and Disclosure
We may monitor your communications and may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with this Service Agreement including maintaining this Service and the Code of Conduct; or (3) protect the rights, property, personal safety or interests of Tribe, its employees, its customers, or the public.
4. Code of Conduct
You will not use the Service in a way that is against the law or harms Tribe, our members, partners, affiliates, service providers, partners or suppliers. We may tell you about harmful uses but have no duty to do so. You will comply with the Code of Conduct and other notices we provide. You may review the Code of Conduct at any time at www.tribe.net/template/pub,Code.vm. Violations of the Code of Conduct may result in the termination of access or deletion of content without notice. We reserve the right to cancel, suspend, or block access to the Service in whole or part at any time.
As a member of Tribe, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on Tribe. By posting your content on Tribe, you grant us a license to copy, distribute, modify and publicly display content that you post on the service. The purpose of this license is to serve the mechanical and electronic requirements of maintaining the website and its associated syndication technologies. This license does not extend to any use outside of this scope. This license is granted and in force as long as the content exists on the site. Your use of the service is in consideration for this license, we will not otherwise pay you for your content. You represent and warrant that you have not granted and will not grant any rights inconsistent with this license.
6. Content Deletion
We have no obligation to maintain or store your content. We have the right to delete any content for any reason or no reason, including but not limited to service cancellation or violation of the Service Agreement or the Code of Conduct. Once deleted, any content you have stored on the service cannot be retrieved.
You acknowledge that we may establish limits concerning use of the Service, including the length, number or size of photos, email messages, postings, or other content that are retained, stored, displayed, or transmitted by the Service. We may also limit the frequency with which you may access the Service if it appears excessive or automated. We reserve the right to modify or discontinue the Service (or any part or feature thereof) at any time with or without notice.
8. Access to the Service
With this agreement we grant you access to the Service for personal use. We permit hyperlinks to the Service only for noncommercial use, personal weblogs, or personal online media.
We offer parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog or view postings through third party software news aggregators. We permit you to display, excerpt from, and link to the RSS feeds provided your use of the RSS feed is for personal, non-commercial purposes; each title is correctly linked back to the Service; and your use does not overburden our systems. We may terminate any RSS feed at any time.
We prohibit access to the Service for data collection, aggregation, mining or extraction. We authorize an exception for general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. This exception excludes websites or search engines that specialize in listings, postings, profiles, discussion groups or subsets such as jobs, housing, for sale, or services, or are in the business of providing ad listing services.
9. Changes to this Service Agreement
If we change this Service Agreement, then we will tell you of the change by email or online posting. If you do not agree with the changed Service Agreement, then you must stop using the Service within two weeks. You agree that you are solely responsible for reviewing the terms of this Service Agreement from time to time. If you do not agree with the terms as revised and posted, you have a single two-week grace period from the date that you first visited the Service (with the revised terms posted), during which your use will be governed under the then prior version of this Service Agreement and after which you will no longer use the Service.
You may cancel the Service at any time, with or without cause or for any reason, by canceling your tribe.net membership.
We may cancel, suspend, or block your access to the Service at any time, with immediate effect. This may be without cause and without notice. Once the Service is cancelled, you will no longer be able to access or retrieve any data you had stored on the Service.
11. Proprietary Rights
Tribe owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to its copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content.
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Tribe at email@example.com or 15732 Los Gatos Blvd, #304, Los Gatos, CA 95032. Provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing with enough detail so that we may locate it; provide a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit Tribe to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, Tribe will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.
13. Advertising and Fees
You understand and agree that the Service may include advertisements and commercial listings and that these are necessary for us to provide the Service. You will not obscure these from general view via HTML/CSS or any other means.
By using the Service and by becoming a Member, you acknowledge that we reserve the right to charge for the Service or a portion of the Service and have the right to terminate a membership for failure to pay for the Service.
Members agree to indemnify and hold Tribe and its affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) content you submit, post, transmit, or make available through the Service, (ii) your use of the Service, (iii) your connection to the Service, (iv) your violation of the Service Agreement or Code of Conduct, or (v) your violation of any rights of another including but not limited to another's copyright or other intellectual property right.
15. NO WARRANTY
We provide the Service "as-is," with all faults and as available. We give no express warranties, guarantees, or conditions. To the extent permitted by law, we disclaim any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, we do not warrant that the service or the content will be accurate, error-free, virus-free, or uninterrupted or that it will meet your requirements. You may have additional consumer rights under your local laws that this Service Agreement cannot change.
16. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
Tribe's aggregate liability to you for any and all claims related to the Service or its content is limited to the amount of your service fee for one month. To the extent permitted by applicable law, Tribe will not be liable for any consequential, lost profits, special, or incidental damages resulting from your access to or use of--or inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof)--the Service or content, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. Without limiting the foregoing, you specifically acknowledge that Tribe is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to: the Service or its content; third party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or if we knew or should have known about the possibility of the damages.
You acknowledge that Tribe cannot provide the Service inexpensively to you without limiting its liability as set forth above, so, in order to use the Service, you agree to limit Tribe's potential liability to you in this way. These limitations of liability are fundamental elements of the basis of the bargain between Tribe and you.
Some states, provinces and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
17. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
You understand and agree that this Service Agreement and any notices given pursuant to this Service Agreement are enforceable in electronic format. This Service Agreement constitutes the complete agreement and supersedes all prior agreements between you and Tribe. This Service Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflict of laws provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco, California; to which jurisdiction and venue you and Tribe each irrevocably consent. If any provision of this Service Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions will remain in full force and effect. Tribe's or your failure to act with respect to a breach does not waive Tribe's or your right to act subsequently. You will not assign or transfer this Service Agreement or rights, or delegate these duties. Tribe will have the right to assign this Service Agreement and rights and delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets. This Service Agreement will bind successors and permitted assigns.
Except for infringement notice as set forth in Section 12, any notice from you to Tribe must be addressed to firstname.lastname@example.org or New Systems Associates, 15732 Los Gatos Blvd, #304, Los Gatos, CA 95032. This Service Agreement is in electronic form. There may be other information regarding the Service that the law requires us to send you. You consent to Tribe's sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using this Service. We may provide required information to you by email at the your registered address or by access to www.tribe.net or another website designated in an email notice or generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date.