2. Rules of Conduct
violate or infringe the copyrights, rights of privacy or publicity, or any other rights of any person;
post or submit libelous, defamatory, pornographic, obscene, harassing or otherwise actionable or objectionable material;
post or transmit unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;
use automated scripts, spiders, bots or similar means to harvest or collect member information or other information from the Site; however, you may capture contact data and other information where the Site expressly permits, encourages or requires it;
use the Site in a manner that could damage, disable or overburden the Site or violate the law;
provide inaccurate or misleading information when registering as a member;
impersonate or misrepresent your affiliation with any person or entity; or
upload or transmit software viruses, worms, Trojan horses or other computer code or files designed to disable, destroy or interfere with any software or equipment.
3. Site Content
You acknowledge that TribeVibe and its licensors own all rights, title and interest in all content on the Site, including but not limited to the Site’s design, text, graphics and files, and their selection and arrangement (the “Content”), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by TribeVibe. You may download and print reasonable portions of the Content, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by TribeVibe is prohibited.
All trademarks, logos, trade dress and service marks on Site are trademarks of TribeVibe or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission. TribeVibe herby authorizes you, our subscriber, to freely share your own TribeVibe ID for commercial and non-commercial purposes, which includes our logo and icons as we have assigned the same to you, as long as you attribute the same to TribeVibe, Inc., do not in anyway claim ownership or affiliation with the same, aside from affiliation as a subscriber, and so long as you only use the same as provided without modification other than alteration of the size of the particular images.
4. Links and References
This Site may contains links to websites operated by unrelated parties. These links are provided for your convenience and reference only. TribeVibe does not control these sites and is not responsible for their contents. Our inclusion of these links does not imply any association with these sites or any endorsement or approval of the services, merchandise, materials or contents available from or on these sites.
This Site may also contain descriptions of or references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by a user’s reliance on or exposure to information obtained from or contained on the Site. Rather, you are responsible to evaluate the information, advice, and other content available through the Site, and any products, services or firms referenced here.
5. User Accounts
User Accounts, Passwords and Security. In order to be able to use certain of the TribeVibe Site services you may be required to register a user account and to provide TribeVibe with such information as required by the registration form. You are entirely responsible for maintaining the accuracy of the user account information and to ensure the confidentiality of your password. You may not provide any false personal information or create an account for anyone else than yourself and you acknowledge and agree that you are responsible for all activities that occur within your user account. You should immediately report any unauthorized use of your account to TribeVibe at: [**provide appropriate email.**].
TribeVibe is not responsible for the conduct, online or offline, of any member or other user of the Site. TribeVibe will not limit access to individual URLs or sites. In the interests of democratizing the web, all users will be able to search any URLs they care to, without charge. In addition, TribeVibe does not guarantee the availability of certain icons to be used in association with your URL.
Without limiting the above, TribeVibe assumes no responsibility for:
any error, omission, interruption, deletion, defect, delay, communications failure, theft or destruction or unauthorized access to, or alteration of, user or member postings or communications;
the accuracy, integrity, completeness, or quality of any information, outputs or Content available from or through the Site; rather, responsibility for verification resides with the user of the information, output or Content.
problems with telephone lines, computer systems, third party providers, or any technical problems or traffic congestion on the Internet or any website;
injury or damage to users’, members’ or other persons’ computers or networks resulting from participating or downloading materials in connection with the Site;
any unauthorized access to or use of our secure servers and/or any and all personally-identifying information stored therein; andany bugs, viruses, Trojan horses, or the like which may be transmitted to or through our site by any third party or any URL entered via TribeVibe.
Under no circumstances will TribeVibe be responsible for any loss or damage incurred or resulting from anyone’s use, including your use, of the Site, any Content posted on the Site or communicated to members, or any interactions between users of the Site, online or offline. THE SITE AND CONTENT ARE PROVIDED “AS-IS” AND TribeVibe DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states limit or prohibit the disclaimers of warranties in certain cases, so this disclaimer may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT THE TRIBEVIBE SITE, THE TRIBEVIBE SITE SERVICES AND ANY AND ALL INFORMATION AND/OR CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE TRIBEVIBE SITE AND/OR THE TRIBEVIBE SITE SERVICES ARE USED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE TRIBEVIBE SITE, THE TRIBEVIBE SITE SERVICES, THE INFORMATION AND THE CONTENT.
IF YOU ARE DISSATISFIED WITH TRIBEVIBE, THE TRIBEVIBE SITE SERVICES, THE INFORMATION AND/OR THE CONTENT YOUR SOLE REMEDY WILL BE TO STOP USING TRIBEVIBE, THE TRIBEVIBE SITE SERVICES, THE INFORMATION AND/OR THE CONTENT.
7. Limitation of Liability
IN NO EVENT WILL TribeVibe BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS AND LOST DATA), OR FOR ANY DAMAGES IN EXCESS OF THE GREATER OR (I) $1,000 OR (II) THE MEMBERSHIP FEES PAID BY YOU TO TribeVibe, ARISING FROM YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND EVEN IF TribeVibe WAS AWARE THAT SUCH DAMAGES MIGHT OCCUR. Some states limit or prohibit the limitation of liability in certain cases, so this limitation may not apply to you.
8. Governing Law and Venue
If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the Commonwealth of Massachusetts, as they apply to residents situated within the state. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Massachusetts, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that TribeVibe may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.