These Terms of Service ("Terms") govern your access to and use of the services and Triberr.com's websites (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By registering, accessing, or using the Services you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound to and by these Terms and Conditions, including Triberr’s Privacy Policy and any additional terms and policies Triberr may provide from time to time.
If you do not agree to the Terms, then you do not have our permission to use the Service. Your use of the service, and Triberr’s provision of the service to you, constitutes an agreement by Triberr and by You to be bound by these terms.
Please read Triberr's Privacy Policy for information relating to our collection, use, storage, disclosure of your personal information.
Any information that you provide to Triberr.com is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Triberr.com. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages.
These communications are considered part of the Services and your Triberr.com account, which you may not be able to opt-out from receiving. You can opt-out of most communications from Triberr.com including our newsletter, marketing emails, daily digests, and system notifications.
Content on Triberr's services, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Under no circumstances will Triberr.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
When you use Triberr you agree to adhere to the content guidelines listed in our terms of services and privacy policies. Including:
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
This license is you authorizing us to make your content available to the rest of the world and to let others do the same. But what's yours is yours - you own your content. You agree that this license includes the right for Triberr.com to make such Content available to other companies, organizations or individuals who partner with Triberr.com for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Triberr.com has an evolving set of rules for how API developers can interact with your content. These rules exist to enable an open ecosystem with your rights in mind. Such additional uses by Triberr.com, or other companies, organizations or individuals who partner with Triberr.com, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Triberr.com will not be responsible or liable for any use of your Content by Triberr.com in accordance with these Terms.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. Triberr.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Triberr.com as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Triberr.com, in the manner permitted by these Terms.
Triberr.com's Rights, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Triberr.com and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Triberr.com name or any of the Triberr.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Triberr.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services - We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames.
Please review the Triberr.com Rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Triberr.com, its users and the public. Triberr.com does not disclose personally identifying information to third parties except in accordance with our Privacy Policy. Except as permitted through the Services (or these Terms), you have to use the Triberr.com API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services. We encourage and permit broad re-use of Content. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Triberr.com's computer systems, or the technical delivery systems of Triberr.com' s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Triberr.com (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Triberr.com (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Triberr.com is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
BY USING THE SERVICE YOU AGREE NOT TO:
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent using the information below.
Triberr.com
ATTN: Legal Department (Copyright Notification)
Email: [email protected]
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
It is Triberr’s policy to promptly terminate the accounts of users that are determined by Triberr to be repeat infringers.
Triberr.com respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Triberr.com will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Triberr
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, TRIBERR.COM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Triberr.com will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Triberr.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Triberr.com or through the Services, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIBERR.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRIBERR.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The failure of Triberr.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York, New York and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States Federal Government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
If you desire to have access to the Triberr Application, you are required to become a registered user, and to submit certain personally identifiable information to Triberr. This happens in a number of instances, such as when you sign up for the Service, or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, and other information that you decide to provide us with.
In addition, we may use your contact information to market to you, and provide you with information about, our products and services, including but not limited to our Service. If you decide at any time that you no longer wish to receive such information or communications from us, please un-follow us, or follow the unsubscribe instructions provided in any of the communications.
The terms below outline Triberr’s Pricing policy for both Paypal and Stripe. Triberr reserves the right to determine pricing for the Service. Triberr will make reasonable efforts to keep pricing information published on the website up to date. You can find up to date pricing information by visiting https://triberr.com/plans. Triberr may change the fees for any feature of the Service, including additional fees or charges, if Triberr gives you advance notice of changes before they apply. Triberr, at its sole discretion, may make promotional offers with different features and different pricing to any of Triberr’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You can reference whether your account is processed via Paypal or Stripe in your account settings located in the Prime Membership Tab. The membership tab will provide the following information:
The following subscription policy pertains to Members with Stripe listed as a Payment Source:
The account information provided will automatically be charged on the same date as the original transaction date on each corresponding month or year based on your selected subscription.
Gifted or complimentary accounts will remain gifted so long as you do not cancel or upgrade your account. Upgrades to a gifted account will result in a billable subscription.
Triberr may terminate the subscription after three failed attempts to collect a subscription. At which point you will immediately be downgraded to a free member. Upon upgrading, your subscription level will immediately change to the new subscription plan.
If you upgrade or downgrade your subscription during an active subscription term your subscription will be prorated based on the membership level, the number of service days used, and the new membership level you select. An invoice of the proration and estimated new monthly balance can be provided upon request. Please allow for 7 business days after processing your upgrade or downgrade to ensure all pending transactions have cleared and the monthly estimation is accurate.
Triberr may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Triberr provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
You can cancel your subscription from your account profile page, located within Prime membership. The only valid method for canceling your subscription is via the cancellation link provided in your “settings” page. Requests to cancel by e-mail or phone are not considered, and do not accomplish cancellation.
If you Leave Triberr during a paid subscription term we will terminate your subscription at the end of the term. Right of access granted under these Terms is effective upon payment of the subscription fees.
Triberr may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
As of April 8, 2017 all subscriptions will be processed by Stripe as a Payment Gateway. However, Legacy Members who maintain a subscription via Paypal will retain their current subscription.
Should you decide to upgrade or downgrade at any future time you must cancel your subscription manually via Paypal before subscribing to a Stripe Plan. Instructions to cancel your Triberr Paypal subscription are located at http://help.triberr.com/how-do-i-cancel-prime-or-prime-lite-membership/
Because of the way Triberr and PayPal communicate, your Prime or Prime Lite services will stop as soon as you cancel your subscription. So even if you are part way through a month, canceling your subscription will immediately cancel any Prime or Prime Lite benefits on Triberr. The best time to cancel is at the end of a billing cycle.
If you are upgrading or downgrading during a service term, new subscriptions will not be prorated. As mentioned above, the best time to make changes to your subscription is at the end of a billing cycle.
Gifted or complimentary accounts will remain gifted so long as you do not cancel or upgrade your account. Upgrades to a gifted account will result in a billable subscription. Subscription fees are non-refundable.
Promoted Posts are non-refundable. Should you decide to cancel the promoted post during the promotional period the amount will not be refunded. If you Leave Triberr during a promotional term we will terminate your promotion as you are closing your account. Please note, the best time to cancel a promotion is when it has completed.
PROMOTED POSTS DO NOT REPRESENT A PROMISE FOR ANY SHARES, VIEWS, OR CLICKS.
Subject to your complete and ongoing compliance with these Terms, Triberr grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Triberr an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
The Service is owned and operated by Triberr. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Triberr are protected by intellectual property and other laws. All Materials included in the Service are the property of Triberr or its third party licensors. Except as expressly authorized by Triberr, you may not make use of the Materials. Triberr reserves all rights to the Materials not granted expressly in these Terms.
Triberr provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on Triberr with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that Triberr may transfer that information to and from the applicable third party service. Third party services are not under Triberr’s control, and Triberr is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Triberr’s control, and Triberr is not responsible for their content.
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Triberr may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Triberr with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Triberr does not permit copyright-infringing activities on the Service.
Triberr does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Triberr reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Triberr chooses to monitor the content, Triberr still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when you official leave Triberr. To official leave Triberr you must complete the leave Triberr process by clicking on settings then clicking the leave Triberr button and completing the remaining steps required to delete your account.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Triberr may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by following the leave Triberr process outlined above.
These Terms, the Triberr.com Rules and our Privacy Policy are the entire and exclusive agreement between Triberr.com and you regarding the Services (excluding any services for which you have a separate agreement with Triberr.com that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Triberr.com and you regarding the Services. We may revise these Terms from time to time, the most current version will always be at https://triberr.com/terms-of-service. If the revision, in our sole discretion, is material we will notify you via an @Triberr update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. Thoughts or questions about these Terms? Please, let us know.
Last Updated on June 28, 2018.