Thank you for using Trybeo! Trybeo, Inc. (a Delaware corporation) ("Trybeo", "Company", "we" or "us") provides a software platform that enables you to create, join and browse Challenges and Tribes (as defined below) built on the Trybeo Platform. We also provide a set of services that will enhance your experience as a member of Tribes on the Trybeo Platform.
This Agreement may be modified by the officers and agents of Trybeo from time to time, such modifications to be effective upon posting by officers and agents of Trybeo in the Service.
Trybeo (Trybeo.com) is a site operated by Trybeo, Inc. (Trybeo, Inc., a Delaware Corporation). All Rights Reserved.
"Content" means any work of authorship, including comments, recommendations, forums, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or other materials posted on or transmitted through any Tribe or the Trybeo Platform.
"Trybeo Account" is an account you create with Trybeo which includes a name, email address, and password.
"Trybeo Users" are Users who complete a registration process with Trybeo and obtain a Trybeo Account.
"Trybeo Member Data" is data collected from Users by Trybeo, including the data collected for the Trybeo Account and any data provided in Your Trybeo Profile (as defined below). Trybeo Member Data does not include Tribe Member Data.
"Trybeo Profile" means information that, if you are a Trybeo Member, you have provided to Trybeo that is aggregated by Trybeo into a master profile. Your Trybeo Profile is separate from any profile that you create (or is created on your behalf) on a particular Tribe ("My Profile").
"Trybeo Technology" means the past, present and future content of the Trybeo Platform, including all software in any format, hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Trybeo Platform and all other tangible or intangible materials related to, displayed, performed or distributed on the Trybeo Platform and the Trybeo Platform itself, including, the selection, sequence, and "look and feel" and arrangement of items on the Trybeo Platform, and all Trybeo Marks (as defined below), domain names, patents, and other intellectual property. Trybeo Technology does not include Your Content.
"Tribes" are created by Trybeo Admins and are provided for Trybeo Users to interact and connect with other Tribe Members. A Tribe can either be accessible for anyone; it is hence a Public Tribe and called "Public Tribe". Or it can be only visible and accessible to invited individuals. In that case, it is called a "Private Tribe" and only Private Tribe Admins and Private Tribe Members have the possibility to see this group on the Trybeo Platform and invite other Trybeo Users to be part of it.
"Tribe Admin" is a Trybeo Member who has management access to one or more Tribes on the Trybeo Platform. A Tribe Admin is by definition a Tribe Member of each of his or her Tribes.
"Trybeo Member" means both Tribe Members and Trybeo Members.
"Registered Tribe Members" are Trybeo Members who have also registered with a particular Tribe on the Trybeo Platform using their Trybeo Account.
"Tribe Member Data" means data provided by or collected from a Tribe Member by a Tribe Admin for a particular Tribe, such as profile data, including certain items of registration information (e.g. email addresses), posts, and statistical information about Content contributed. Tribe Member Data does not include the Trybeo Account or any Trybeo Member Data.
"Your Content" is any Content that you submit to a Tribe or the Trybeo Platform, either as a Trybeo Member, Tribe Member or Tribe Admin (all as defined). If you are a Tribe Admin, Your Content includes the name, logo, trademark, brand features and other Content that you (and not the Tribe Members of Tribe(s) make available). Content does not include Tribe Code or Platform Code.
No one under 13 is allowed to create an account or use the Services. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Service may be prohibited or restricted in certain countries. You are required to comply with all local, state and Federal laws applicable to your use of the Service in the United States. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
If you are using or creating Content on the Trybeo Platform as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account information, username and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account, username and/or password, whether your password is with our Service or a third-party service. You must notify us at [email protected] immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use by you or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, and remove or edit Content in our sole discretion.
As an Admin of your Tribe, you may elect to delete your Tribe at any time for any reason. You can delete your Tribe using the delete tool present on your Tribe page.
All Tribe Member Data relating to a deleted Tribe as well as any content made available in or on the applicable Tribe, will no longer be accessible by means of the Trybeo Platform following the effective date of deletion. Please be advised that none of the content posted in or on your Tribe on or before the effective date of deletion will be able to be accessed or recovered by you or any Members once your Tribe is deleted. Trybeo shall have no obligation or liability to you with respect to the deletion or loss of any such Tribe Member Data.
As a Challenge creator, you may elect to delete your Challenge at any time for any reason. You can delete your Challenge using the delete tool present on your challenge page.
You acknowledge and agree that the deletion of your Tribe(s) and/or Challenge(s) is your sole right and exclusive remedy with respect to any dispute that you may have with Trybeo (or any of its affiliates) that relate in any manner to the Trybeo Platform, including, without limitation, any dispute arising from or in connection with
II. your ability or inability to access and/or use the Trybeo Platform;
III. the content (including, without limitation, any related data and information) displayed or otherwise made available as part of or otherwise in connection with the Trybeo Platform.
This Agreement will remain in full force and effect while you use the Service and/or have an account.
You may disable your account at any time, for any reason, by notifying Trybeo at [email protected].
The Company may terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
We are not responsible for the actions or inactions of any user. Accordingly, in no event shall we, our affiliates or our partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct or omissions of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
To enable a great experience for all Users on the Trybeo Platform, if you are a Tribe Admin, you agree to ensure each Tribe you create or manage does not degrade the performance of the Trybeo Platform. If your Tribe(s) degrades performance of the Trybeo Platform or other services in any way, we may suspend your Tribe(s) at our sole discretion and without notice.
Your Tribe shall not be designed or implemented in a way that, as determined by Trybeo in its sole discretion, might mislead a User into believing that: (I) he or she is interacting directly with Trybeo when interacting with Your Tribe, or (II) any of Your Tribe was created by or are endorsed by Trybeo. Because we want you to have as much freedom over your Tribe as possible, Trybeo takes no responsibility for any Content located in Your Tribe and Trybeo has no obligation to monitor such Content or Your Trybeo. You acknowledge that Trybeo also reserves the right to remove, preserve, and disclose any information or Content on any Tribe (including Trybeo Account and Tribe Member Data) or account it deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Trybeo, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.
Our Service allows you to post, link, share and otherwise make available or transmit to other users certain information, text, profile text, messages, photographs, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, whether publically posted or privately transmitted, including its legality, reliability, and appropriateness.
Trybeo does not claim any ownership rights in Your Content. The Content that you upload to any Tribe needs to comply with the terms of this Agreement.
You may not post as part of the Service, or transmit to Trybeo or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon creation of your account, including information submitted from your Facebook, Twitter, Google or Account Kit account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and you have the right to post the Content on the Service.
By posting Content on or through the Service, You represent and warrant that: the Content is yours (you own it) and/or you have the right to use it and the right to grant Trybeo the rights and license provided in these Terms, and the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, trademarks, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
As between you and Trybeo, you retain any and all of your rights to any Content you submit, post or display on or through the Service. You are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
In addition to the types of Content described above, the following is a partial list of the kind of Content that is prohibited in the Service. You may not post, upload, display or otherwise make available Content that:
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications the occur off the Service that involve users you meet through the Service. The following is a non-exclusive list of the type of actions that you may not engage in with respect to the Service. You will not:
We respect the intellectual property rights of others.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected].
You may be held liable to pay damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement by any Content found on and/or distributed through the Service using your account.
You agree that, as between you and Trybeo, Trybeo owns all right, title and interest, including, all intellectual property rights, in and to the Trybeo Technology. Additionally, there are two types of data provided by or collected from Trybeo Members – Tribe Member Data and Trybeo Member Data. If you are Tribe Admin, you agree that, as between Trybeo and you, Trybeo owns all right, title and interest, including, all intellectual property rights, in and to the Trybeo Member Data. You shall not acquire any right, title or interest therein, except for the limited rights expressly set forth in this Agreement. Any rights not expressly granted herein, are reserved to Trybeo. You agree to abide by all copyright notices, information, or restrictions contained in any part of the Trybeo Platform. You must not alter, delete, or conceal any copyright, trademark, patent, or other notices contained on the Trybeo Platform, including notices on any Trybeo Technology you download, transmit, display, print or reproduce from or using the Trybeo Platform.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Trybeo and its licensors.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may make third party 'expert' opinions, advice, statements, or other third party information or content, including deals, available through the Service.
All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.
WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
Your correspondence, business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our App, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Trybeo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
You may contact customer service at [email protected].
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, we reserve the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of:
(I) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service;
(II) the timeliness, deletion or removal, loss, incorrect delivery or failure to store any Content, communications or personalization settings;
(III) the conduct, whether online or offline, of any user;
(IV) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications;
(V) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
From time to time, we may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRYBEO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
This Agreement is subject to change by the Company at any time.