Terms of Service (TOS) Tribe Starter

Tribe Starter is a content aggregation, content curation and hosted online community service (the “Service”). (“Tribe Starter”, “we”, “us”). All content created in a Service site is owned by and controlled by the site owner (“you”).

Tribe Starte Commitment

We’ll provide you with a hosted Service site, as defined by the plan you selected, and the right to use our software for as long as your account is active and in good standing.

We’ll provide support through our portal at https://tribestarter.com/support. Most support is free through that site, but more complex troubleshooting may be subject to a fee, which we will determine in advance. If such “advanced support” is required, you will be given a quote for service. Advanced support will only be provided if you authorize us to perform such work at the quoted rate.

We’ll maintain and upgrade the service as needed, and we’ll do our best to notify you 24 hours in advance of any impact to the service, unless emergency maintenance is necessary. We’ll notify you either by email or by an announcement on our social media channels.

We will provide service and features according to the plan that you have purchased, however plan features and details may change from time to time and you agree that your sole recourse at such times is to cancel your service, subject to the terms of this agreement.

We respect your privacy and the information that you provide to us is subject to our Privacy Policy.

We will only disclose your personal information and/or content if we are required to do so by law (usually though not necessarily through a subpoena), in order to respond to copyright infringement claims, per your request, or if necessary in order to protect other people.

If you ever want to export your content, we will assist as best we can, subject to a price quote. (Our goal is to make the export process as automated as possible in the future.)

Your Commitment

You are solely responsible for all activity in your Service site, including all content posted to your content library by your community, as well as the behavior of all members in your community. (Tribe Starter has no role in managing your community or their content.) You agree to comply with our Acceptable Use Policy (“AUP”).

You agree not to do anything that is illegal in your local area or in the European Union or in the United States of America, and to remove content that is illegal. You won’t post any copyrighted material, and, when notified of such, you will remove copyrighted material posted by your users.

You won’t remove or tamper with our branding.

You are at least 13 years old.

You agree that we may list and/or market your site on marketing materials, including site name, screenshot or sample image/logo, and URL (if your site is public).

You agree to pay the fees associated with the plan you select, if applicable. You understand that your plan will automatically renew until you cancel. All payments are non-refundable, even if you cancel before the paid-through date. If your account is not in good standing, you may not be able to access your site.

You agree to keep your contact information current, so that we may contact you successfully when the need arises.

Notes and Disclosures

Your Right To Cancel:You may cancel service at any time, for any reason, so long as you provide at least 30 day’s notice. Such requests are only valid if requested from a verified email address from a Admin of record on the site. Refunds will not be given, however, even if you have prepaid for a period beyond your requested cancellation date. Your site and all of its contents may be deleted by Tribe Starter anytime after the cancellation effective date or anytime after service has been terminated by Tribe Starter.

Registration Data:

In order to access some features of the Websites or other elements of the Services, you may have to create an Account. In relation to your Account you hereby agree to: (a) provide accurate, current and complete information as prompted by any registration forms on the Websites (“Registration Data”); (b) maintain and promptly update your Registration Data, and any other information you provide to Tribe Starter, in order to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Tribe Starter immediately of any breach of security or unauthorised use of your Account or Registration Data that you become aware of; (e) accept sole responsibility (to Tribe Starter, and to others) for all activity that occurs under your Account; and (f) accept all risks of unauthorized access to your Registration Data and Account or any other information you provide to Tribe Starter.

Transfer of Ownership: You may transfer ownership of your community and content library, as long as the account is in good standing.

Disk Space and Member Limits: Your plan has limits on the number of registered members and the total disk space used by attachments and clips uploaded to your site. There are no overage fees associated with these limits. You will simply be prevented from exceeding them.

Requests to Amend Plan: You may add or remove add-ons for your account at any time. Requests to remove add-ons require at least 30 days’ notice, however.

Copyright Infringement:

If you believe that any content on any of the Services infringes upon copyright that you own or control, you may send a notification of copyright infringement by email to [email protected] or by post to:

Tribe Starter,

AspenGrove Complex,

Castlemaine Road,

Tralee

Co. Kerry

Ireland

Tribe Starter may, in its sole discretion, (a) remove infringing, or allegedly infringing, material without prior notice, and (b) terminate, in appropriate circumstances, and at Tribe Starter’s sole discretion, the accounts of Registered Users who infringe or who we reasonably believe may be infringing, the Intellectual Property Rights of Tribe Starter or of any third party.

Limitation of Liability: In no event shall Tribe Starter be liable to customer or to any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising  from your use of the service (or your inability to use the service), even if Tribe Starter has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Tribe Starter’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by customer to Tribe Starter under this agreement during the two (2) months immediately preceding the date on which such claim arose.

Indemnity: You agree to indemnify and hold Tribe Starter and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your or your users’ content, use of the service, violation of the Terms of Service or the AUP, or violation of any rights of another person or entity.

Service Provided As-Is: You understand that the service is provided “as-is” and on an “as available” basis, and that no performance guarantees are available. You agree that Tribe Starter is not liable for any damages that may occur through your or your users’ use of the service because of service unavailability or feature loss, or because of data loss that may occur. In addition, although best efforts will be made to maintain a secure data environment, Tribe Starter is not liable for damage caused due to security breaches by outside parties.

Our Right To Terminate: We may suspend, terminate, and/or delete your account if you violate this TOS, if you request such action, at the request of legal authorities, or for other reasons at our discretion. If we terminate your account prior to its paid-through date, we will provide a pro-rata refund. If you are on a plan for which you are currently paying nothing for service and for which there are no active premium memberships, then we may also terminate your site without notice if there have been no new posts or new members for the past 180 days.

Contacts and Notices: You agree that Tribe Starter may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.