Terms and Conditions 2018-06-02T12:02:28+00:00

Tribees Terms of Use

1. The Service

The Tribees website www.tribees.com and mobile application is operated by Beezbutt Pty Limited ACN 600 213 572 a proprietary company registered in Australia, trading as Tribees (“Tribees”, “us”, “we”, or “our”).

Tribees provides a mobile application and internet-based services to organise and store personal content including photographs, videos, notations and other material making it accessible on compatible devices and computers (the “Service”).

The mobile application is provided to you at no cost.

These Terms of Use govern your use of the Service. When you download or use the app and when you create a Tribees account or use Tribees Services, you agree to these terms.

2. Who may use this Service

You must have accepted in full these Terms of Use and the Tribees Privacy Policy by checking the relevant box during download, on-boarding or other access to the Service.

You must not be restricted by order of any competent judicial authority or applicable law from accessing the Service.

3. Your undertakings not to use the Service for certain purposes

You may not post violent, discriminatory, unlawful, hateful, pornographic or sexually explicit photos or other offensive content via the Service.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private, confidential or personal information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You agree that you will not solicit, collect or use the login credentials of other Tribees users.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.

You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Tribees.

You must not access Tribees private API by means other than those permitted by Tribees.

You must not create or submit unwanted email, comments, or other forms of commercial or harassing communications (“spam”) to any Tribees users.

You must not use domain names or web URLs in your username without prior written consent from Tribees.

You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Tribees page is rendered or displayed in a user’s browser or device.

You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Tribees terms.

You must not engage in or support crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Tribees’ express consent).

4. Your responsibilities when using the Service

You understand and agree that Tribees cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Tribees prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Tribees upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You are responsible for the security of your own devices and for keeping your password secret and secure.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.

You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Tribees is not responsible or liable for the conduct of any user.

Tribees reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You agree to exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Tribees does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Tribees is in no way responsible or liable for any such third-party services or features. Your correspondence and business dealings with third parties found through the service are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Tribees has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Tribees Parties (defined below) harmless for activity related to the Application.

You agree that you are responsible for all data charges you incur through use of the Service.

5. Breach of the Terms of Use

Any breach of these Terms of Use may, in Tribees’ sole discretion, result in termination of your Tribees account. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Tribees, we can stop providing all or part of the Service to you.

If we terminate your access to the Service or you use the form detailed above to deactivate your account, your photos, comments, connections and all other data will no longer be accessible through your account but those materials and data may persist and appear within the Service (e.g., if your Content has been shared by others).

6. Changes to the Service and termination

We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you.

Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

We reserve the right to refuse access to the Service to anyone for any reason at any time.

We reserve the right to forfeit or remove the use of any username for any reason.

We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion breaches these Terms of Use.

7. Who Is Responsible if the Service fails

Our Service is provided “as is,” and we do not guarantee it will work without interruption or failure or be safe and secure including from external interference. To the extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.

Our responsibility for anything adverse that happens on the Service (also called “liability”) is excluded to the maximum extent permitted by law and, where our liability can not be lawfully excluded, it is limited to the price, if any, paid for subscription of the Service for the relevant period of subscription. You agree that we will not be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to the Service or these Terms, even if we may know they are possible. This includes when we delete your content, information, or account.

8. Applicable law and disputes

You agree to resolve any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (“claim”) exclusively in the courts of the State of New South Wales in Australia and submit to the personal jurisdiction these courts for the purpose of litigating any such claim. The laws of the State of New South Wales will govern these Terms of Use and any claim, without regard to conflict of law provisions.

9. Time limitation on claims

You agree that any claim you may have arising out of or related to your relationship with Tribees must be filed in the court of competent jurisdiction within one year after the event first giving rise to such claim; otherwise, your claim is permanently barred.

10. Unsolicited material

We appreciate feedback and other suggestions. If you submit such material to us, you agree that we may use it without restriction or obligation to compensate you for it, and are under no obligation to keep such material confidential.

11. Changes to these Terms

We reserve the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Where it is practical to do so or if required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. If you continue to use the Service, you will be bound by the updated Terms. If you do not agree to these or any updated Terms, you should not use the Service and may delete your account in your Account settings or by contacting help@tribees.com.