Tribe is an NFT social media network and marketplace platform that connects Content Creators and Buyers globally. Tribe as a marketplace acts as an intermediary between Buyers and Sellers. We are not a broker, financial institution, or creditor. Tribe only facilitates transactions and communication but is not a party to any agreement between Buyer and Seller for crypto assets or between any users.

By visiting and/or purchasing something on our platform (website/App), you engage in our “service” and agree to be bound by the following Terms (the “Terms”). These Terms apply to all users of the website, including without limitation Users who are browsers, affiliates, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms. If you do not agree to all the terms of this agreement, then you may not access the website or use any service.

Any new features or tools which are added to the current platform shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. GENERAL RESTRICTIONS

You represent, warrant, and agree that you will not use our Platform, interact with the service, in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else; Violates any law;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the service;
• Employ any device, scheme or artifice to defraud, or otherwise materially mislead Tribe, or any member of the Tribe Community, including by impersonating or assuming any false identity;
• Provide false or misleading information to Tribe;
• Create or list counterfeit items or items you have no rights to;
• Engage in wash trading or other deceptive or manipulative trading activities;
• Engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon the Tribe Platform, or any member of the Tribe Community;
• Pose as another person or create a misleading username;
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
• Use the Offerings in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other;
• Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
• Engage or attempt to engage in or assist any hack of or attack on the Tribe Platform or any member of the Tribe Community, including any “sybil attack”, “DoS attack” or “griefing attack” or theft of Collectibles, or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property or interfere with the Offerings;
• Use data collected from our Service to contact individuals, companies, or other persons or entities;
• Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
• Violate, breach or fail to comply with any applicable provision of these Terms or any other terms of service, privacy policy, or other contract governing the use of any the Offerings or any relevant NFTs or Collectibles.

A VIOLATION OF THE FOREGOING IS GROUNDS FOR TERMINATION OF YOUR RIGHT TO USE OR ACCESS THE SERVICE.

2. ASSUMPTION OF RISK

You accept and acknowledge:

a) The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the crypto assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will maintain their original value.

b) You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither Tribe nor any other Tribe Party is responsible for determining the taxes that apply to Crypto Assets transactions.

c) Tribe will provide custody over the crypto assets in our wallets for you unless you send them to an outside wallet on a blockchain. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of crypto assets occurs within the supporting blockchain.

d) There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Tribe will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.

e) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.

f) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction and/or Service and the utility of Crypto Assets.

g) The Service may rely on third-party platforms such as Apple Pay, Google Pay, Moonpay, MetaMask or others to perform the transactions for the Auction or Sale of Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.

h) Tribe reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Tribe. Under no circumstances shall the inability to view your assets on Tribe serve as grounds for a claim against Tribe.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any of the products on the websites, the designs, brand trademarks, registered trademarks, or brand campaigns through which the service is provided, without express written permission by us.

4. SYSTEM ACCESS

You are responsible and liable for:

(a) your use of the Platform, including unauthorised conduct and conduct that would violate the requirements of these Terms;

(b) any use of the Platform through your account, whether authorized or not.

5. UNAUTHORIZED ACCESS

You agree to take reasonable steps to prevent unauthorized access to the System, including by protecting your account and other log-in information. You shall notify Tribe immediately if you know of or suspect unauthorized use of the System or breach of its security.

6. COMPLIANCE WITH LAW

In using the Platform and our service, you shall comply with all applicable laws, including laws governing the protection of personally identifiable information and other laws applicable to the protection of your content.

7. USER CONDUCT / PROHIBITED ACTIVITIES / TERMINATION

By using our Platform, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

a) Cheats
Do not lie, hack, cheat, scam, or mislead other Users.
Do not harass, abuse, or commit misconduct against Users.
Do not use methods that are not expressly authorized by the company to influence Users and/or promote any errors in the system.

b) Bots
Shall mean the use of any code and/or software that is not expressly authorized by the company to allow automatic control of any functions of the platform.

c) Hacks
Access or modify the platform software in any way that is not expressly authorized by the company; and/or any code and/or software that is not expressly authorized by Tribe that can be used to change platform and/or any of its components or functions.

d) Do not use multiple accounts
If you using the System with two accounts at the same time, we will prohibit you from accessing the platform. This is effective no matter what device you use. You can only use one account to access the system.

e) Automated systems
Do not use automated systems that could hack or mod the system. This includes data mining tools, robots, and other extraction tools used in most cryptocurrency mining.

f) Data Mining
Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform; provided, however, that Company, at its sole and absolute discretion, allow the use of certain third-party user interfaces.

g) Duplicated Items
Create, utilize or transact in any item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.

h) Unauthorized Connections
Facilitate, create or maintain any unauthorized connection to the Platform including without limitation (i) any connection to any unauthorized server that emulates, or attempts to emulate, the Platform; and (ii) any connection using third-party programs or tools not expressly authorized by the Company.

i) Share
Allow another party/person/entity access to your account information, or otherwise share your account.

j) Transfers
Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.

7.1. Termination of service

Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the website, the app and the smart contract (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the website, the app and the smart contract or delete your account without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

8. BUYERS RIGHTS

Buyers receive a cryptographic token representing the Seller’s digital assets as a version of property, but do not own the intellectual property rights. Buyers may display and share the Digital assets, but Buyers do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the original assets, excepting the limited license to the Digital assets granted by these Terms. Upon collecting a Digital Asset, Buyers receive a limited, worldwide, license to display the Digital assets legally owned and properly obtained by the Buyer.

8.1. Physical Assets x Digital assets

It is important to bear in mind that Buyers have the rights to the digital assets (NFT Version) not to the physical assets. When you buy a digital asset, you own only the digital assets, not the copyright to it. The copyright remains with the artist or creator (copyright owner). Thus, once you buy the digital assets you can resell it, it is yours to resell or keep, but again the copyright and intellectual property belongs to the artist or creator (copyright owner). That being said, please don’t confuse this with your rights to the NFT Version and physical Assets.

The Buyer’s limited license to display the Digital assets, includes, but is not limited to, the right to display the Digital assets privately or publicly: (i) for the purpose of promoting or sharing the Buyer’s purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Digital assets; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Digital assets; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments. 

Buyers have the right to sell, trade, transfer, or use their digital assets, but Buyers may not make modify, distort, or other forms of media that infringe the IP rights of the digital assets. 

The Buyer agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Seller’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Seller’s honor or reputation; (ii) use the Digital assets to advertise, market, or sell any third party product or service; (iii) use the Digital assets in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Digital assets in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Buyer’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital assets; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital assets; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital assets, whether on or off of Tribe Platform; (viii) falsify, misrepresent, or conceal the authorship of the Digital assets; or (ix) otherwise utilize the Digital assets for the Buyers or any third party’s commercial benefit.

Buyers irrevocably release, acquit, and forever discharge Tribe and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Tribe use of a Digital Asset in accordance with these Terms.

9. COPYRIGHT COMPLAINTS

Tribe respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Tribe of your infringement claim in accordance with the procedure set forth below.

Tribe will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to ip@tribe.net (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

10. MODIFICATIONS TO THE PLATFORM

Tribe reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Tribe will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

11. SELLER RIGHTS / INTELLECTUAL PROPERTY

The Seller owns all legal rights, title, and interest in all intellectual property rights underlying the Digital assets listed on the Platform, including but not limited to copyrights and trademarks. As the copyright owner, the Seller has the right to reproduce, prepare derivative Digital assets and display or perform the Digital assets.

Sellers hereby acknowledges, understands, and agrees that selling a Digital Asset on Tribe constitutes an express representation, warranty, and covenant that the Seller has not, will not, and will not cause another to sell, tokenize, or create another cryptographic token representing a digital collectible for the same Assets.

The owner of the original asset acknowledges and agrees:

a) To not allow any other token based on that Assets;

b) Once the digital assets are tokenized (sold at least once), the owner should not create another token based on that original asset.

The Seller hereby acknowledges, understands, and agrees that launching a Digital Asset on Tribe constitutes an express and affirmative grant to Tribe, its affiliates and successors a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Digital assets on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, or any other purpose related to Tribe, including without limitation, the express right to: (i) display or perform the Digital assets on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative Digital assets based on the Digital assets; (iii) indexing the Digital assets in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Digital assets within a distributed file keeping system, node cluster, or other database, or causing, directing, or soliciting others to do so.

Sellers expressly represent and warrant that their Digital assets listed on Tribe contains only original content otherwise authorized for use by the Seller, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Seller, not authorized for use by the Seller, not in the public domain, or otherwise, without a valid claim of fair use, the Seller further represents and warrants that it has permission to incorporate the unoriginal content.

12. UTILITY TOKENS

For every social activity you make through the Platform, you will receive reward points which can be used redemption on the planform or transferring to other platforms.

Reward points are an added benefit that is given for special contribution by a user or on a good performance. The Utility Token allows users to get more benefits for their engagement on the platform.

Other purposes of the Utility Token Reward are to encourage activity on the platform and measure the contribution of respective participants.

Utility Token Rewards are paid for the following types of activities:

1. Account Creation
2. Economic Transactions on the Platform
3. Review activities
4. Social Media Activity

In short, Utility Token Rewards are granted to the participants who make any kind of contribution towards the value growth of the platform.

13. DISCLAIMER OF LIABILITY

Tribe is not liable, and you agree not to hold us (owners, founder, co-founders, executive team, employees, subsidiaries, affiliates, agents) responsible for any: damages for loss of revenues, profits, goodwill, use, data or other intangible losses arising out of or related to your use of the website,  the app, the smart contract or the service, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise.

The service and all products and service delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Tribe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. DISCLAIMER OF WARRANTIES

Platform transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems or similar technologies. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the blockchain being used (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Digital assets, or lost opportunities to buy or sell Digital assets.  Your use of the platform is at your sole risk. The platform is provided on an “as is” and “as available” basis. Tribe expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Tribe makes no warranty that (i) the platform will meet your requirements, (ii) the platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the platform will be accurate or reliable, or (iv) the quality of any products, platforms, information, or other material purchased or obtained by you through the platform will meet your expectations.

15. WE DO NOT GET INVOLVED WITH USER DISPUTES

You agree that you are solely responsible for your interactions with any other Users/Sellers in connection with the Platform and Tribe will have no liability or responsibility with respect thereto. Tribe reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.

16. PRIVACY POLICY

You acknowledge the collection, use, disclosure and other handling of information described in our Privacy Policy at tribe.art/privacy which we may update from time to time.

17. CONDUCT AND BEHAVIOUR

Without limitation other remedies, we may limit, suspend, or terminate your access to our service, restrict or prohibit access to, and your activities on, our service, remove or demote, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our service if:

a) We think that when you issue an account closure notification, you are taking away the user’s assets;

b) We think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;

c) We think that such restrictions will improve the security of Tribe community or reduce our or another Tribe User’s exposure to financial liabilities;

d) We think that you are infringing on the rights of third parties;

e) We think that you are acting inconsistently with the letter or spirit of these Terms or our policies or abuse our employees or users.

18. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our Website, app or smart contract is not accurate, complete or current. Any reliance on the material on our Website, app or smart contract is at your own risk. Our Website, app or smart contract may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Website, app or smart contract at any time, but we have no obligation to update any information on our website, app or smart contract. You agree that it is your responsibility to monitor changes to our website, app and smart contract.

19. THIRD-PARTY LINKS

Certain content, products and services available via our service may include materials from third-parties. Third-party links on our Website, app and smart contract may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or service of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, service, resources, content, or any other transactions made in connection with any websites or services including but not limited to fiat on ramp service. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

20. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our website, app and smart contract or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.

21. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

22. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

23. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website, the app and the smart contract or in respect to the service constitutes the entire agreement and understanding between you and us and government your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

24. GOVERNING LAW

This Privacy Policy and the use of the Website/App/Smart Contract are governed by the laws of Wyoming. The parties undertake to first try to resolve the dispute with by negotiation. If the parties fail to reach an amicable resolution through negotiation, Tribe agrees to submit the dispute to the competent jurisdiction of the State and federal courts in Wyoming.

CONTACT INFORMATION

Questions about the Terms should be sent to us at ip@tribe.art.