Tribal Planet / Citizen Platform
Terms of Service
Last Updated: May 22, 2017
Agreement. This AGREEMENT is between you and TRIBAL PLANET, Inc. ("TRIBAL PLANET"). Your wireless service provider is not a party to this AGREEMENT.
Account. In order to redeem a Reward or access some features of the Service, you will have to create a Tribal Planet Account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. If you are under the age of 13, you must obtain parental permission to create an account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Tribal Planet immediately of any breach of security or unauthorized use of your account by emailing support@TribalPlanet.com. Although Tribal Planet will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tribal Planet or others due to such unauthorized use.
Limited License. TRIBAL PLANET grants to you a worldwide, non-exclusive, limited license or equivalent right to download, install and/or use the object code version of the APPLICATION (referred to below as the "Licensed Application") and to use the features contained in the Citizen Platform on your wireless communications device. All rights not expressly granted in this AGREEMENT are reserved by TRIBAL PLANET. This license granted to you for the Licensed Application by TRIBAL PLANET is limited to a non-transferable license to use the Licensed Application on any mobile device that you own or control in accordance with this license and any usage rules posted by TRIBAL PLANET in connection with the Licensed Application. This license does not allow you to use the Licensed Application on any mobile device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and any additional or subsequent usage rules posted by TRIBAL PLANET in connection with the Licensed Application), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the TRIBAL PLANET and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by TRIBAL PLANET that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Other Software. Notwithstanding any other provision of this AGREEMENT, this AGREEMENT shall not be deemed to apply to any software that is licensed to you by third parties and that is included on your wireless communications device ("OTHER SOFTWARE"). Any such OTHER SOFTWARE is subject to the terms and conditions of the AGREEMENT, if any, between you and the TRIBAL PLANET or licensor of the OTHER SOFTWARE.
Restrictions. No license is granted to you by this AGREEMENT in the human readable code, known as the source code, of the APPLICATION, and no rights are granted to you by this AGREEMENT in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the APPLICATION. In addition, no license is granted to you by this AGREEMENT to decompile, reverse engineer, disassemble or modify the APPLICATION. Further, no license is granted to you by this AGREEMENT to (i) remove, efface or obscure any copyright or other proprietary notices from the APPLICATION or (ii) exploit, copy, reproduce, sublicense, transfer or assign the APPLICATION.
Ownership. You agree that TRIBAL PLANET retains all right, title and interest in and to the APPLICATION and all copies of the APPLICATION. This includes all copyrights in the APPLICATION.
Wireless Network Usage. APPLICATION may send and receive data over your wireless service providers. network. Standard data service charges may apply. Check with your wireless service provider for additional information.
Services; Third Party Materials. The Licensed Application may enable access to TRIBAL PLANETs and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at Your sole risk and that the TRIBAL PLANET shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the TRIBAL PLANET is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The TRIBAL PLANET does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither TRIBAL PLANET, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the TRIBAL PLANET is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. TRIBAL PLANET makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. TRIBAL PLANET, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will TRIBAL PLANET be liable for the removal of or disabling of access to any such Services. TRIBAL PLANET may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
User Generated Content; Release. You hereby grant to TRIBAL PLANET, on behalf of itself, the Participating Parties (as defined below) and their licensees, agents, successors and assigns, the absolute and irrevocable right and permission, throughout the world, in any and all media and in perpetuity, to utilize any and all photographs, artwork, text, music and/or videos taken of or submitted and/or created by you (sometimes referred to as "User Generated Content") using and/or in connection with the APPLICATION. These rights extend to artwork, video, or music made with the APPLICATION and include without limitation the rights:
- To use, reuse, publish and republish the same in whole or in part, individually or in conjunction with other photographs, film, television, videotapes, audiotapes, and digital media in any and all manner, media and all channels of distribution,
- To use your name, image, photograph, likeness, and signature in connection with such User Generated Content, and/or
- To post and share such User Generated Content on the Internet, via mobile transmission and in all other media as TRIBAL PLANET, the Participating Parties and/or their affiliates or assigns, sees fit.
No advertisement or other material need be submitted to you for any further approval and you hereby waive any right to inspect or approve the finished photographs video, film, digital media, or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and you waive any right to any compensation arising from or related to the use of such material. Although TRIBAL PLANET may from time to time monitor or review postings, transmissions, User Generated Content and the like used on and in connection with the APPLICATION, TRIBAL PLANET is under no obligation to do so and assumes no responsibility or liability arising from any User Generated Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any User Generated Content and/or information utilized or created in connection with the APPLICATION. You agree that you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, would violate any proprietary right of any person or entity under copyright or otherwise, or otherwise violate any law. TRIBAL PLANET will fully cooperate with any law enforcement authorities or court order requesting or directing TRIBAL PLANET to disclose the identity of anyone posting any such information or materials. Without limiting the above, TRIBAL PLANET reserves the right to remove any User Generated Content, in its sole discretion; and any content containing pornographic material defined by Webster's Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings", and/or content that is frequently pornographic will be rejected.
You represent, warrant and covenant (a) that no materials of any kind submitted by you, including without limitation User Generated Content will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless TRIBAL PLANET, and all of our officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by me or any user of my account of this AGREEMENT or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. TRIBAL PLANET reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by me.
You hereby agree on behalf of yourself, and your heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, successors and assigns (collectively, the "Releasing Parties"), that you and the other Releasing Parties do hereby unconditionally and irrevocably release and forever discharge TRIBAL PLANET and their parents, subsidiaries, affiliates, licensees, successors, assigns, partners, and related companies, and the officers, directors, employees, contractors, partners, shareholders, representatives, members and agents of each of the foregoing, and any other person or entity associated with the APPLICATION (collectively the "Released Parties"), from and against any and all claims, demands, liens, agreements, suits, costs, attorney's fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden (collectively the "Released Claims"), in any way directly or indirectly related to arising directly or indirectly out of: (i) your use of the APPLICATION, and/or (ii) the use of, or failure to use, the User Generated Content. Nothing hereinabove will constitute any obligation on the part of TRIBAL PLANET or any Participating Party to make any use of any of the rights set forth above.
Digital Millennium Copyright Act.
A. If you are a copyright owner or an agent thereof and believe that any content posted to the Application or the Citizen Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
You may direct copyright infringement notifications to our DMCA Agent at Copyright Agent, Tribal Planet, 400 South El Camino Real, Suite 850, San Mateo, CA 94402, email: support@TribalPlanet.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Tribal Planet customer service through support@Tribal Planet.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Tribal Planet may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Tribal Planet's sole discretion.
Account Termination Policy. Tribal Planet will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. Tribal Planet reserves the right to decide whether Content posted by any users violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Tribal Planet may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
Advertising, Promotions, and Rewards. TRIBAL PLANET and/or its business partners may present advertisements, promotional materials and rewards on or through the APPLICATION and the Citizen Platform. Your participation in any TRIBAL PLANET activity, promotional event or rewards program is subject to the terms and conditions associated with that activity, the Rewards Store and the terms set forth herein. Your correspondence or business dealings with, or participation in promotions of, any third-party advertisers on or through the APPLICATION, including delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third-party. You agree that neither TRIBAL PLANET nor its business partners shall 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 third parties on the Service.
TRIBAL PLANET offers users the opportunity to participate in Activities via the APPLICATION to earn reward points that can be redeemed to win prizes, experiences, and gifts in the Rewards Store and, from time to time, to participate in other contests, offers and/or surveys (each, a “Specific Promotion”). In addition to the terms that are contained in the specific terms regarding the Activities and Rewards and any Specific Promotion, these terms and conditions also apply:
- No purchase necessary to enter or win any rewards sponsored by TRIBAL PLANET or Tribal Planet’s business partners. A purchase does not improve your chances of winning. The ability to earn rewards is void where prohibited by law and, unless otherwise indicated in the specific language surrounding each activity and reward ("Specific Promotion"), is open only to legal residents 13 years of age and older of the fifty United States and Canada (excluding Quebec) and to TRIBAL PLANET users outside of the United States who are 18 years of age and older, who have Internet access. Employees of TRIBAL PLANET, and their immediate families, their advertising and promotion agencies, fulfillment agencies, attorneys, and any and all entities participating on the design, promotion, provision of any reward, marketing or advertising as well as any affiliated companies (collectively "Reward Entities"), are not eligible to participate in the Rewards.
- Unless otherwise indicated, the ability to redeem a reward will always begin and end on the dates specified in the Rewards Store (the "Reward Period"). TRIBAL PLANET observes Daylight Savings Time and such time will apply during those months. The time noted on TRIBAL PLANET's internal computer system is the official time by which TRIBAL PLANET operates.
- Online entries only, unless otherwise indicated. You may participate in the Activities by following the directions provided in the Application and in the Reward Store. Users may be asked to provide information such as an email address or other personally identifiable information, in order to redeem a Reward. Unless otherwise limited in the Specific Promotion, you may complete as many activities as you wish, but you may only register to redeem a Reward using an authorized email address or via your Tribal Planet account. In the event of a dispute regarding the ownership of any email address, TRIBAL PLANET will find that the account holder is the person in whose name the email address was initially opened. False entries submitted by a single person are void and any person who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries will be disqualified. All entries must be received during the Rewards Period as defined in the Rewards Store.
- The Rewards Store will indicate the number of points required to redeem such Reward, the quantity of such Rewards available for redemption and any other specific criterion required to redeem such Reward. To the extent that multiple users wish to redeem a Reward which has a limited quantity available, then winners will be chosen in the order in which they earned the sufficient number of reward points required to redeem such Reward or via a random drawing by TRIBAL PLANET or a TRIBAL PLANET representative. Winners will be notified by email or other means as indicated in the Rewards Store (as determined in TRIBAL PLANET's sole discretion). Winners will be sent a declaration of eligibility / liability / publicity release ("Release"), which must be completed and returned to the appropriate Reward Store partner in the manner specified by Reward Store partner at the time the Winners are notified (unless restricted by law). Winners allow Reward Store partners to use their entry, and their TRIBAL PLANET user name, name, picture, likeness, hometown name for any and all marketing and advertising purposes throughout the world, without compensation, unless prohibited by law. In some cases, Winners may also be required to provide name, U.S. Social Security Number (for tax form purposes), birth date, current address and phone number. Failure by any Winners to respond to such notification or return the Release within a reasonable time frame, as determined by TRIBAL PLANET, will result in disqualification of the Winners. To the extent that a winner is disqualified, then the next user(s) with the required number of Reward points will be chosen from the remaining users who have earned a sufficient number of points prior to the expiration of the Reward Period until one who is able to meet all requirements can be selected. The return of a Winners's notification, Reward information, or the actual Reward as undeliverable, or the rejection of the prize by the Winners, will result in disqualification of the Winners, and an alternate potential recipient will be selected by means of the subsequent random drawing procedure described in the immediately preceding sentence. TRIBAL PLANET reserves the right to modify the notification procedures in connection with the selection of any alternate Winners, if any. In some cases, a Winner may be required to provide proof that s/he is the authorized account holder of the e-mail address associated with the Reward entry selected in order to receive a prize.
- Rewards and their average retail value are identified in the Rewards Store or in the details regarding any Specific Promotion. Any Winner who is under the age of 18 (or 19 in Alabama) will be required to procure permission from a parent or guardian prior to being awarded the prize. All other fees and taxes not explicitly included, are the sole responsibility of Winners. Winners who are U.S. residents may be issued an IRS Form 1099 for the ARV of any awarded prize. Prizes consist of only those items specifically described as part of the prize. TRIBAL PLANET may, at TRIBAL PLANET's sole and absolute discretion and without notice, provide a different prize(s) of equal or greater value. TRIBAL PLANET shall not be liable to the actual prize recipient, or to any person claiming through such recipient, for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond TRIBAL PLANET's sole and reasonable control.
- Neither Tribal Planet nor any Reward Entity are responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Reward; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Reward; (e) technical or human error which may occur in the administration of the Reward or the processing of entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant's participation in the Reward or receipt or use of any prize. If for any reason an entrant's Reward entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, and provided that such error is discovered and confirmed by TRIBAL PLANET prior to the expiration of the Reward Period, then such entrant's sole remedy shall be another entry in the Reward; it specifically being agreed and understood that in the event such error is not discovered and confirmed until after the expiration of the Reward Period, then such entrant shall have no cause(s) of action whatsoever against any of the Reward Entities or the Reward Administrator, and neither the Reward Entities nor the Reward Administrator shall have any liability to such entrant for or in connection with any error. TRIBAL PLANET may prohibit an entrant from participating in the Reward or receiving any prize if, in TRIBAL PLANET's sole discretion, TRIBAL PLANET determines that such entrant is attempting to undermine the legitimate operation of the Reward by cheating, hacking, deception, or other unsafe or unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or TRIBAL PLANET's representatives. If for any reason this Reward is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other similar or dissimilar causes beyond the sole and reasonable control of TRIBAL PLANET which corrupt or affect the administration, security, fairness, integrity or proper, safe and fair conduct of the Reward, then TRIBAL PLANET reserves the right, exercisable at any time in TRIBAL PLANET's sole discretion, to cancel, terminate, modify or suspend all or any part of the Rewards and to select the potential Grand Prize recipient by means of judging only theeligible Reward entries received by TRIBAL PLANET up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REWARDMAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, TRIBAL PLANET RESERVES THE UNRESTRICTED RIGHT, EXERCISABLE AT ANY TIME IN TRIBAL PLANET'S SOLE DSICRETION, AND WITHOUT WAIVER OF OR LIMITATION ON ANY OF TRIBAL PLANET'S OTHER AVAILABLE LEGAL AND/OR EQUITABLE RIGHTS AND REMEDIES, TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM AND AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
- For a copy of the Winners list for any Specific Promotion or the additional rules for any Specific Promotion, please email your request no later than 60 days after the Reward Period for the Specific Promotion to firstname.lastname@example.org, or write the name of the Specific Promotion C/O TRIBAL PLANET, Inc., 400 South El Camino Real, Suite 850, San Mateo, CA 94402. Participants may request that TRIBAL PLANET remove their name from the list of Winners by emailing email@example.com.
- To the extent that TRIBAL PLANET conducts a Reward with a partner on the partner’s site, such Reward may be subject to rules specified by such partner in the partner’s Terms of Service.
Terms and Termination. This AGREEMENT will become effective with respect to the APPLICATION on the date you first download, install and/or use such APPLICATION, and it will remain in effect until terminated. You may terminate this Agreement at any time by removing this APPLICATION from your wireless communications device. This AGREEMENT also will terminate immediately, without notice, if you fail to comply with any term or condition of this AGREEMENT. Upon such termination, you agree to immediately remove this APPLICATION from your wireless communications device. Notwithstanding any such termination, TRIBAL PLANET will retain the rights in User Generated Content which are granted in this AGREEMENT above, and the terms of this AGREEMENT relating to User Generated Content including the release with respect to such content, and the Consent to Use of Data, the Restrictions on the license granted herein, the Disclaimer of Warranty, Dispute Resolution provision, Miscellaneous provisions and Limitation of Liability set forth below, shall survive any such termination.
Disclaimer of Warranty. THIS APPLICATION IS LICENSED TO YOU "AS IS." THE TRIBAL PLANET DISCLAIMS ANY AND ALL WARRANTIES REGARDING THIS APPLICATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TRIBAL PLANET ALSO DISCLAIMS ALL WARRANTIES WITH REGARD TO WHETHER THE APPLICATION WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE OR OPERATE ON AN UNINTERRUPTED OR ERROR FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TRIBAL PLANET BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TRIBAL PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall TRIBAL PLANET's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Export. This APPLICATION is subject to the export control laws, rules and regulations of the United States and other jurisdictions. You agree to comply with all such laws, rules and regulations.
Government. This APPLICATION is commercial in nature and developed solely at private expense. The APPLICATION is provided as "Commercial Computer Software" as defined in DFARS 252.227-7014 or as a commercial item as defined in FAR 2.101(a). The APPLICATION, therefore, is provided with only such rights as are provided in this AGREEMENT.
Dispute Resolution. AS A CONDITION OF USING THE APPLICATION, YOU AGREE THAT: (I) UNDER NO CIRCUMSTANCE WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE USE OF THE APPLICATION SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR SELECTED BY AND IN ACCORDANCE WITH THE EXPEDITED RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), WHICH MAY BE FOUND ON AAA’S WEBSITE AVAILABLE AT HTTPS://WWW.ADR.ORG/AAA/SHOWPROPERTY?NODEID=/UCM/ADRSTG_004103&REVISION=LATESTRELEASED. IF AAA IS NOT AVAILABLE FOR ANY REASON OR REFUSES TO ADMINISTER THE ARBITRATION, THE PARTIES SHALL MUTUALLY AGREE TO SELECT AN ARBITRATOR UNDER THE RULES OF ANOTHER ALTERNATIVE DISPUTE RESOLUTION PROVIDER; (III) AT YOUR REQUEST, TRIBAL PLANET WILL ADVANCE THE COST OF THE INITIAL FEES ASSOCIATED WITH ARBITRATION, PENDING THE ARBITRATOR’S DETERMINATION OF YOUR ABILITY TO PAY AND THE APPROPRIATE DISTRIBUTION OF FEES; (IV) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES; (V) ANY ARBITRATION UNDER THIS ARBITRATION CLAUSE SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. 1 ET. SEQ.), AND NOT BY ANY STATE LAW CONCERNING ARBITRATION, EXCLUSIVE OF ANY CONFLICT OR CHOICE OF LAW RULES. THE ARBITRATOR SHALL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA IN RENDERING AN AWARD; (VI) THE PARTIES CONSENT TO EXCLUSIVE PERSONAL JURISDICTION IN CALIFORNIA; (VII) ANY AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AS A JUDGMENT IN ANY FEDERAL DISTRICT COURT WHERE EITHER THE YOU RESIDE OR TRIBAL PLANET DOES BUSINESS; AND (VIII) IF ANY PART OF THIS ARBITRATION CLAUSE, OTHER THAN WAIVERS OF CLASS ACTION RIGHTS, IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON, THE REMAINDER SHALL REMAIN ENFORCEABLE. IF A WAIVER OF CLASS ACTION RIGHT IS DEEMED OR FOUND TO BE UNENFORCEABLE FOR ANY REASON IN A CASE IN WHICH CLASS ACTION ALLEGATIONS HAVE BEEN MADE, THE REMAINDER OF THIS ARBITRATION CLAUSE SHALL BE UNENFORCEABLE.
Miscellaneous. This AGREEMENT is governed by the laws of the State of California without regard to its conflict of law principles. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. The United Nations Convention on Contracts for the Sale of International Goods does not apply to this AGREEMENT. If any provision of this AGREEMENT is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this AGREEMENT shall not be affected thereby. This AGREEMENT constitutes the entire agreement between you and the TRIBAL PLANET regarding its subject matter, and it supersedes any prior agreements, whether written or oral, relating to the subject matter of this AGREEMENT. No modification or alteration of this AGREEMENT will be valid except in writing signed by both parties.
Tribal Planet, Inc.
400 South El Camino, Suite 850,
San Mateo CA 94402