Terms of Use

TRIBLY GENERAL TERMS OF USE

Acceptance of Terms of Use

These Terms of Use are entered into by and between you and Fan Space, LLC d/b/a Tribly (“Company“, “we” or “us“). The following terms and conditions (these “Terms of Use“), govern your access to and use of the websites, mobile applications, APIs, emails and other online products and services (collectively the “Services”) provided by us. 

Please read these Terms of Use carefully before you start to use or access our Services.  By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.   

By using or accessing our Services, you represent and warrant that:

• You are at least 13 years old and are of legal age to form a binding contract with the Company;
• You are not barred from using the Services under all applicable laws; and
• You have not been permanently suspended or removed from the Services. 

If you do not meet all of the eligibility requirements, you must not access or use our Services.  

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. 

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, because the changes are binding on you. 

Your Use of the Services

We reserve the right to withdraw, update or amend our Services or materials in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period. 

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services, you may be required to create a Tribly account (an “Account”) and provide us with a username, password, and certain other information. It is a condition of your use that all the information you provide is correct, current, and complete. You agree that all information you provide to us is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Your Account information is confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide access to our Services, to any other person using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.

You will not license, sell, or transfer your Account without our prior written approval.

We have the right to disable any Account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Third Party Content

The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.

The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not use our Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way, including by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Servies, or which, as determined by us, may harm the Company or other users or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other person’s use of the Services, including their ability to engage in real time activities.
• Use any robot, spider or other automatic device, process or means to access any portion of our Services for any purpose, including monitoring or copying any of the material found in our Services.
• Use any manual process to monitor or copy any of the material found in our Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce into, on or through the Services any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the hosting or backend parts of the Services, such as but not limited to any servers computer or databases or other infrastructure used in the operations of the Services. 
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

User Contributions

Within our Services, it may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, contribute, publish, display or transmit to other users or other persons (all such actions, hereinafter, “post“) content or materials (collectively, “User Contributions“) on or throughout the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By posting any User Contribution within the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the irrevocable, unrestricted right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

• You own or control all rights in and to the User Contributions you post, and you have the legal right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you post, and you, not the Company, have sole responsibility for any such User Contribution, including its legality, reliability, accuracy and appropriateness.  Your User Contributions may not involve commercial activities or promote any sales, such as contests, sweepstakes and other promotions, barter or advertising nor may you use them to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.

We are not, and will not be, responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other users of the Services, and you agree to defend, indemnify and hold harmless Company from all demands, claims, allegations, liabilities, actions, proceedings, causes of action and suits of every kind and character (“Claims“) and all losses, damages, awards, judgments, fines, penalties, expenses (including, without limitation, attorneys’ fees), costs and other detriments (“Losses“) arising from or related to your User Contributions posted by you. 

Groups and Moderation

The Interactive Services are grouped into private communities (a “Group”).  Groups are managed and moderated by a user or users that have signed a separate Subscription Agreement with the Company (an “Artist”).  

Artists are responsible for the tone and direction of the posts, User Contributions, and other uses of the Interactive Services within a Group.  We are not responsible for the actions taken by an Artist nor the content they post.  

The Company reserves the right, but has no obligation, to overturn any action or decision of an Artist, in its sole discretion, believes that such action or decision is not in the best interest of the Company or its Services.

Monitoring and Enforcement; Termination

We have the right at any time and without notice to you to:

• Remove or refuse to post any User Contributions, for any reason or no reason, in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use (including the Content Standards), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services. 
• Terminate or suspend your access to all or part of the Services for any or no reason, including for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY FOREVER WAIVE, AND RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS AND LOSSES RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not undertake to review all material before it is posted to the Services and cannot promise, ensure or guarantee prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction on our part regarding transmissions, communications or content provided by you, any user or a third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. 

Content Standards

These following content standards (“Content Standards“) apply to any and all User Contributions and all uses of Interactive Services. User Contributions must comply, in their entireties, with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must adhere to the following:

• As a site for Artists, the Company will allow for sexually suggestive materials and more “daring” artistic expressions; however, we will not allow the promotion of graphically sexually explicit or overtly pornographic material.  
• No material can call for violence or overt/active discrimination against someone for any reason.  
• No material can infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• No material may violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• No material can be likely to deceive any person or promote any illegal activity, or advocate, promote or assist any unlawful act.
• You may not impersonate any person or misrepresent your identity or affiliation with any person or organization. 
• No material may give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Reliance on Information Posted

The information presented on or via our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or relating to any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

The Services includes content provided by third parties, including materials provided by other users, bloggers, third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these third party materials, and all third party articles, responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. Third party materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials posted to the Services provided by third parties.

Information About You and Your Use of the Services

All information we collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Outside Linking and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Our Services may provide certain social media features that enable you to:

• Link from your own or third-party websites to certain content found in the Services.
• Send e-mails or other communications with certain content, or links to certain content, found in the Services.
• Cause limited portions of content found in the Services to be displayed or appear to be displayed on Your own or certain third-party websites.

You may use these features solely with respect to the content with which they are displayed and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause portions our materials of our Services to be displayed on, or appear to be displayed by (such as, for example, framing, deep linking or in-line linking) any other site.
• Otherwise take any action with respect to the materials found in the Services that is inconsistent with these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links in our sole discretion at any time without notice. 

Links With the Services

Any links to other sites and resources within our Services provided by third parties including links contained in advertisements such as banner advertisements and sponsored links, these links are provided for your convenience only. We have no control over the contents of the sites or resources to which the links are associated and accept no responsibility for them or for any Loss that may arise from your use of them. If you decide to access any of the third party websites linked within our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

Our services were created based on United States law and are provided by an entity located within the United States.  We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws with respect to such access.

Intellectual Property Rights

All Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws.

These Terms of Use permit you to use our Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of or from, publicly display, publicly perform, republish, download, store, transmit, use for commercial purposes or charge third persons for access through your account to any of the material of our Services. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You are not authorized to and may not:

• Modify copies of any materials from the Services.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text or materials.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site or others owned by the Company.
• Access or use for any commercial purposes any part of the Services or any materials available through the Services.

The prohibitions set forth in the bullet-points above do not modify, supersede or limit any other statements of limited, restricted or prohibited use set forth elsewhere in these Terms of Use. 

If you print, copy, modify, download or otherwise use, or provide access to any part of the Services to any other person in breach of the Terms of Use, your right to use the Services will cease immediately and you must return or destroy, at our option, any copies, summaries, extracts and compilations of any materials you have made. No rights, title or interests in or to the Services, any content from the Services or any intellectual property Company owns or has rights to use in connection with or arising from the Services is transferred to you, and all rights not expressly granted to you are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The names Fan Space, LLC and Tribly, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans found in the Services are the trademarks of their respective owners.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY CLAIMS OR LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED WITHIN THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY MATERIALS OBTAINED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR OR MATERIALS OBTAINED WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS/INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY MATERIALS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DISCLAIMER OR WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OFFICERS OR DIRECTORS BE LIABLE FOR CLAIMS OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT WITHIN THE SERVICES OR SUCH OTHER WEBSITES OR MATERIALS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH MAY INCLUDE PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER SUCH CLAIMS, LOSSES OR OTHER DAMAGES WERE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DISCLAIMER OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS AND LOSSES ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES, INCLUDING YOUR USER CONTRIBUTIONS, ANY USE OF THE SERVICES’ CONTENT, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SERVICES.

Governing Law and Jurisdiction

All matters relating to these Terms of Use and any dispute or Claim or Losses arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with the internal laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction).

Any Claim arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Mississippi in each case located in the City of Brandon and County of Rankin although we retain the right to bring any Claim or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country in which you can be reached by legal process. You waive any and all objections to the exercise of jurisdiction over you by such courts or tribunals and to venue in such courts or tribunals, including the objection of inconvenient forum.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition herein, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Interpretation

For purposes of these Terms of Use, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms of Use as a whole. Unless the context otherwise requires, references herein: (i) to articles, sections, exhibits, schedules or attachments refer to the articles, sections, exhibits, schedules or attachments to or attached to, these Terms of Use; (ii) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (iii) to a Law means such Law as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. These Terms of Use shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. Any exhibits, schedules or attachments referred to herein shall be construed with, and as an integral part of, these Terms of Use to the same extent as if they were set forth verbatim herein.

Entire Agreement

The Terms of Use, our Privacy Policy, and Subscription Agreement (if applicable) constitute the sole and entire agreement between you and Fan Space, LLC d/b/a Tribly with respect to your access to or use of the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. 

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: notifications@tribly.fm