These Terms of Service (â€œTermsâ€) govern your access to and use of the services and NewTribeZ.netâ€™s (NewTribeZ) websites (the â€œServicesâ€), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as â€œContentâ€). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites (go to the Account Settings page to control who sees your Content). You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with NewTribeZ and are not a person barred from receiving services under the laws of the Australia or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that NewTribeZ provides are always evolving and the form and nature of the Services that NewTribeZ provides may change from time to time without prior notice to you. In addition, NewTribeZ may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by NewTribeZ on the Services are subject to change. In consideration for NewTribeZ granting you access to and use of the Services, you agree that NewTribeZ and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Users are prohibited from selling, trading or transferring their NewTribeZ membership account (including, but not limited to, selling, trading or transferring e-mails associated with such account, and/or Activity Points / Credits earned through such account). You agree to provide accurate and complete information about yourself when registering, and to accept responsibility for all activities that occur under your account or password.
Membership accounts are only available to individuals.
Users are to upload and maintain an accurate profile photo in order to gain and maintain access to membership services.
Users are to refrain from posting extreme materials or content designed to incite extreme reactions and should at all times be mindful of the NewTribeZ community's desire to maintain a polite and modest demeanour and content. Failure to do so may prompt site administrators to warn or suspend and in extreme or repeated cases ban the offending member.
While users are encouraged to have their say users are to refrain from posting criticism of the site or its administrators
Users may only have one membership account. The registration of multiple accounts by or for the same person, or any action taken to try to circumvent the membership eligibility, proper working of the Activity Points system or otherwise, shall be considered a breach of these Terms of Service. Upon any such breach, NewTribeZ may terminate all such accounts and/or Activity Points associated therewith, prohibit further use by such individual or individuals of the Website, or take other actions deemed necessary by NewTribeZ in its sole discretion.
NewTribeZ Activity Points
NewTribeZ Activity Points are not redeemable for cash and have no cash or monetary value. Activity Points are purely promotional in nature, are only for use on the Website, and do not constitute a property right or interest. Activity Points may be redeemed immediately or accrued over time, up to a maximum of 12 months. Activity Points will expire on a rolling monthly basis if not redeemed within 12 months of being awarded, and NewTribeZ has no obligation to notify you of any such expiration. NewTribeZ may discontinue the Activity Points program, raise and lower the value of the Activity Points add and remove ways to earn or use Activity Points, or revise the program terms and conditions at any time. All Activity Points terminate upon any termination of your membership. Please see the official Activity Points Rules for additional terms applicable to acquiring and using Activity Points. Activity Points may only be redeemed at www.NewTribeZ.net or as otherwise specifically directed by NewTribeZ, subject to available inventory, and in accordance with the specific Activity Points -redemption offer.
NewTribeZ Activity Points Rules
1. Activity Points will be awarded for certain purchases, participation in site activities, charitable donations, and as otherwise determined by NewTribeZ, as specified at www.NewTribeZ.net .
2. Activity Points may only be redeemed at www.NewTribeZ.net or as otherwise specifically directed by NewTribeZ, subject to available inventory, and in accordance with the specific Activity Points -redemption offer.
3. NewTribeZ may, without prior notice and in its sole discretion, alter, limit, or modify program rules, regulations, Activity Points earning structure, Activity Points redemption levels, or any other feature of the Activity Points Place program at any time.
4. Members may only earn and use Activity Points via one membership account. The creation of multiple membership accounts by or for one individual, the transfer or sale of any such accounts, and the use of Activity Points earned by or awarded to such accounts is prohibited. NewTribeZ reserves the right to void the membership and/or redemption privileges of any person(s) who have wrongfully earned Activity Points (whether by circumvention, transfer, purchase, deception, forgery, fraud, or otherwise), or have breached the Websiteâ€™s Terms of Service.
5. Only the individual member who makes the purchase or engages in the Activity Points -generating activity may earn and use Activity Points. Activity Points are not transferable from one NewTribeZ account to another. Activity Points may not be reproduced, are not redeemable for cash, and are good for one-time use only. Activity Points will be deducted from the member's account at the time of redemption.
6. Credits for merchandise returns and other financial adjustments made by NewTribeZ will be deducted from or added to the Activity Points balance as applicable and as determined by NewTribeZ in its sole and reasonable discretion.
7. Members are solely responsible for determination of any tax or other fees, service charges or liability arising out of earning or redeeming Activity Points.
8. Members are subject to and shall comply with any additional terms, conditions and restrictions that apply to specific redemptions.
9. Activity Points may be redeemed immediately or accrued over time, up to a maximum of 12 months. Points will expire on a rolling monthly basis if not redeemed within 12 months.
10. NewTribeZ has absolute discretion with respect to how Activity Points are earned and how Activity Points are used. NewTribeZ may zero out and/or reduce your Activity Points if NewTribeZ becomes aware of any alleged or confirmed violation of the Terms of Service, the Activity Points Program Rules, or any applicable law or regulation, and the final determination with respect to such Activity Points in connection with such alleged or confirmed violation shall be in NewTribeZ sole and reasonable discretion.
11. Violations of these Activity Points Program Rules may result in loss of membership, permanent or temporary block of access and/or membership to the Website, loss of or reduction of Activity Points, or as otherwise reasonably determined by NewTribeZ in its sole discretion.
12. NEWTRIBEZ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO A MEMBER OR ANY THIRD PARTY, INCLUDING FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH A MEMBER'S REDEMPTION OF ACTIVITY POINTS FOR MERCHANDISE, EXPERIENCES OR OTHERWISE.
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use â€œstrongâ€ passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. NewTribeZ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications neither posted via the Services nor endorses any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will NewTribeZ be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for NewTribeZ to make such Content available to other companies, organizations or individuals who partner with NewTribeZ for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. NewTribeZ will not be responsible or liable for any use of your Content by NewTribeZ in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
NewTribeZ gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by NewTribeZ as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by NewTribeZ, in the manner permitted by these Terms.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of NewTribeZ and its licensors. The Services are protected by copyright, trademark, and other laws of both the Australia and foreign countries. Nothing in the Terms gives you a right to use the NewTribeZ name or any of the NewTribeZ trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding NewTribeZ, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the NewTribeZ Rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of
NewTribeZ, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, NewTribeZâ€™s computer systems, or the technical delivery systems of NewTribeZâ€™s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by NewTribeZ (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with NewTribeZ (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of NewTribeZ is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Content Boundaries and Use of NewTribeZ
In order to provide the NewTribeZ service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with NewTribeZ. These limitations comply with legal requirements and make NewTribeZ a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
*Impersonation: You may not impersonate others through the NewTribeZ service in a manner that does or is intended to mislead, confuse, or deceive others
*Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
*Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
*Violence and Threats: You may not publish or post direct, specific or general threats of violence against others.
*Copyright: We will respond to clear and complete notices of alleged copyright infringement.
*Unlawful Use: You may not use our service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
*Verified accounts: You may not use the Verified Account badge unless it is provided by NewTribeZ. Accounts using the badge as part of profile pictures, background images, or in any way implying false verification will be permanently suspended.
Spam and Abuse
NewTribeZ strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated on NewTribeZ.com, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
* Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the NewTribeZ Terms of Service is cause for permanent suspension of all accounts.
* Name Squatting: You may not engage in name squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be name squatting are:
â€¢ the number of accounts created
â€¢ creating accounts for the purpose of preventing others from using those account names
â€¢ creating accounts for the purpose of selling those accounts
â€¢ using feeds of third-party content to update and maintain accounts under the names of those third parties
*Invitation spam: You may not use NewTribeZ.net's address book contact import to send repeat, mass invitations
*Selling user names: Unless you have been specifically permitted to do so in a separate agreement with NewTribeZ, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
Where "Services" is defined as follows: Your use of NewTribeZâ€™s products, services and web sites (referred to collectively as the â€œServicesâ€ in this document and excluding any services provided to you by NewTribeZ under a separate written agreement) is subject to the terms of a legal agreement between you and NewTribeZ.
*Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another userâ€™s browser or computer or to compromise a userâ€™s privacy.
*Spam: You may not use the NewTribeZ service for the purpose of spamming anyone. What constitutes â€œspammingâ€ will evolve as we respond to new tricks and tactics by spammers. The determination as to what constitutes spam is at the sole discretion of NewTribeZ.
*Pornography: You may not use, upload or cause to be created obscene or pornographic images or literature during the operation of the site.
Accounts engaging in any of these behaviours may be investigated for abuse. Accounts under investigation may be removed from Search for quality. NewTribeZ reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate the Terms of Service. Accounts created to replace suspended accounts will be permanently suspended.
NewTribeZ respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, NewTribeZ will also terminate a userâ€™s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
PO Box 137, St Helens
Tasmania Australia, 7216
The Services are Available â€œAS-ISâ€
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an â€œAS ISâ€ and â€œAS AVAILABLEâ€ basis. Without limiting the foregoing, NEWTRIBEZ AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. NewTribeZ will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that NewTribeZ has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from NewTribeZ or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by NewTribeZ of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEWTRIBEZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NEWTRIBEZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of NewTribeZ to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Tasmania without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Tasmania, Australia, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of an Australia Federal Government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed by the laws of the Australia (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Tasmania (excluding choice of law).
We may revise these Terms from time to time; the most current version will always be at NewTribeZ.net. If the revision, in our sole discretion, is material we will notify you via email to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by NewTribeZ.net, PO Box 137, St Helens, Tasmania Australia 7216. If you have any questions or thoughts about these Terms, please contact us.
Effective: April 12, 2010