The terms of this Agreement will govern your use of the Site. If you do not agree to the terms of this Agreement, you are prohibited from accessing or using the Site.
Your permission to use 12tribz.com is conditioned upon your representation that you:
It is our goal to make the use of our Site a good experience for all of our users, so you agree not to do any of the following:
When you use the Site, you agree not to revise or obscure Content posted (including advertising and promotions authorized by 12 Tribz), and you agree not to post or use any Content in any manner that: infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others, violates the privacy, publicity, or other rights of third parties, is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, is false or inaccurate, or could damage our company, parent company, sister companies, affiliates, advertisers, or other parties as determined by 12 Tribz in its sole discretion. Though we strive to enforce these rules with all of our users, you may be exposed, through the Site, to Content that violates our policies or is otherwise offensive. We may, but are not obligated to, remove Content from the Site if we determine or suspect Content violates the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
12 Tribz may contain links to third party websites that are not owned, operated, or controlled by 12 Tribz and we do not have control over these sites. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using 12 Tribz you expressly relieve us from any and all liability arising from your use of any third party website.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF 12 TRIBZ. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS FOR ANY CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF $1,000. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless 12 Tribz, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to 12 Tribz; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of 12 Tribz.
12 Tribz reserves the right, but has no obligation, to monitor, or take any action 12 Tribz deems appropriate regarding disputes that you may have with other customers of ours or any third party vendors. To the extent the law permits, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any third party vendors. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site in accordance with this Agreement. “12 Tribz” is our trademark. Other products and company names that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement. The Content on the Site, excluding all intellectual property of other sites obtained by way of 12 Tribz and linking and the Content posted by our customers, is owned by 12 Tribz. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to 12 Tribz, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions. Content provided by 12 Tribz is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Site.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) 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 the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address; (5) A statement 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 (6) 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 owner of an exclusive right that is allegedly infringed. 12 Tribz’s designated Agent to receive notifications of claimed infringement can be reached at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The communications between you and 12 Tribz use electronic means, whether you visit the Site or send us emails, or whether 12 Tribz posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from 12 Tribz in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that 12 Tribz provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
This Agreement is between you and 12 Tribz. You are contracting with 12 Tribz. Communications may be directed to: firstname.lastname@example.org. The laws of the State of Illinois govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and 12 Tribz that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the State of Illinois.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries to this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. YOU AND 12 TRIBZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO 12 TRIBZ MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. You represent that you are legally able to accept these Terms of Service.
The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.
Last updated: May 31, 2016.