Terms of Use

 

Tribally Website Terms of Use

 

Last updated: February 16, 2022

 

Important Notice No.1: except for California residents, this agreement is subject to binding arbitration and a waiver of class action rights as detailed in Section 16.

 

  1. Acceptance of Terms

 

1.1. This Terms of Use Agreement (the “Agreement”, “Terms of Use”, “Terms”) is made by and between Fantasy Invest Inc., a Delaware corporation, with its registered address at 251 Little Falls Drive, New Castle County, Wilmington, Delaware, 19808 (“Company”) and you (“you”, “your” or “User”). This Agreement contains the terms and conditions that govern your use of this website located at https://tribally.app (the “Website”).

 

1.2. By accessing or attempting to interact with any part of this Website, or other Company’s software, services, websites or any of Company licensees’ services (collectively “Services”), you agree that you have read, understand and agree to be bound by this Agreement. If you do not agree to the Terms, then you may not access or use the Website. You must stop using the Website in all cases when you are not agree to the Terms.

 

1.3. Except for Section 15, providing for binding arbitration and waiver of class action rights, Company reserves the right, from time to time, with or without notice to you, to make changes to this Agreement in Company’s sole discretion. You are responsible for reviewing and becoming familiar with any modifications as specified hereto. Continued use of any part of this Website constitutes your acceptance of such changes. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by clicking on the Terms of Use hyperlink located at the bottom of every page on this Website.

 

1.4. No implication is made that the materials published at this Website are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do son on your own initiative and you are responsible for compliance with local laws. Additionally, this Website is published in English and Company is not responsible for errors in translation.

 

1.5. You are required to read these Terms of Use carefully before using the Website.

 

  1. Access to the Website, Eligibility

 

2.1. To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If Company believes the information you provide is not correct, or current, or complete, Company is entitled to deny your access to the Website or any of its resources, and to terminate or suspend your access at any time.

 

2.2. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.

 

2.3. When using this Website, you also are representing and warranting that:

 

2.3.1. You have an address elsewhere which can be verified.

 

2.3.2. You are not listed on any U.S. Government list of prohibited or restricted parties.

 

2.3.3. You are not restricted from using the Website by any court or governmental decision.

 

2.3.4. You will abide at all times by these Terms and any other agreements between you and Company regarding your use of the Website.

 

2.4. If we notice that you do not meet the eligibility requirements of this Section, then you are not authorized to use the Website.

 

  1. Restrictions on Use

 

3.1. You may use this Website for purposes expressly permitted by this Website. As a condition of your use of Company’s Website, you warrant to Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this Website, or (ii) frame this Website, or (iii) download any content from this Website (other than as provided by these Terms) without the express prior written permission of an authorized representative of Company. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user an impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website.

 

3.2. You agree to cooperate with Company to prevent or remedy any unauthorized use. In addition, you may not use Company’s Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website.

 

  1. Personal and Non-Commercial Use Limitation

 

4.1. Company’s Website is for your personal and non-commercial use, unless otherwise specified by these Terms or elsewhere at the Website. You may not use the Website for any other purpose, including any commercial purpose, without Company’s express prior written consent.

 

4.2. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative work from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to Company’s Website, unless expressly permitted by these Terms or elsewhere at the Website.

 

  1. Proprietary Information

 

5.1. The material and content accessible from this Website is the proprietary information of Company or the party that provided or licensed the content to Company whereby such providing party retains all right, title, and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, except that you may print out a copy of the content solely for your personal use, and you may re-post a single image and up to 100 (one hundred) words of text from any article if such posting provides a right of attribution to Company, and promotes the article on other websites, including social media sites. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. Modification of use of the content except as expressly provided in these Terms of Use violates Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Website.

 

  1. Links to Third-Party Websites

 

6.1. This Website may link to other sites which may not maintained by, or related to, Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party websites. Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at your own risk, and Company makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this Website. You expressly hold Company harmless from any and all liability related to your use of a third-party website. Company provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by Company of that site or any association with its operators.

 

  1. Use of Communication Services

 

7.1. Company’s Website may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. You agree to adhere to these Terms of Use when using Company’s Communication Services.

 

7.2. When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this Website any material that:

 

(a) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

 

(b) advocates illegal activity or discusses an intent to commit an illegal act;

 

(c) is vulgar, obscene, pornographic, or indecent;

 

(d) does not pertain directly to this Website;

 

(e) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening of offensive;

 

(f) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

 

(g) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

 

(h) violates any law or may be considered to violate any law;

 

(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

 

(j) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;

 

(k) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;

 

(l) solicit funds, advertisers or sponsors;

 

(m) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

 

(n) disrupts the normal flow of dialogue, causes a screen to roll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Website;

 

(o) amounts to a pyramid or other similar scheme, including contests, chain letters, and surveys;

 

(p) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Website or any networks connected to this Website;

 

(q) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

 

7.3. Company reserves the right to monitor use of this Website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Company also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitation with respect to your submissions, including any downloaded materials.

 

7.4. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides any content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission. Company cautions you against giving out any personally identifying information about yourself in any Communication Service. Company does not control or endorse the content, messages or information found in any Communication Service and, consequently, Company specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company’s spokespersons, and their views do not necessarily reflect those of Company.

 

  1. Submissions

 

8.1. Unless you and Company enter into a separate written contract for use of your content that states otherwise, you hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this Website (the “Submission”), and to incorporate any Submission in other works in any form, media, or technology not known or later developed. Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

 

8.2. Company will treat any personal information that you submit through this Website in accordance with its Privacy Policy.

 

  1. Indemnity

 

9.1. You agree to release and to indemnify, defend and hold harmless Company and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of this Website, your violation of these Terms of Use, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Company in the defense of such matter.

 

  1. Warranty Disclaimers

 

10.1. You expressly understand and agree that your use of the Website is at your sole risk. The Website (including the Communication Services and the content) is provided on an “AS IS” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to or use the Website; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Company from all liability for you having acquired or not acquired content through the Website. The Website may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Website, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website.

 

  1. Limitation on Liability

 

11.1. You acknowledge and agree that you assume full responsibility for your use of the Website. You acknowledge and agree that any information you send or receive during your use of the Website may not be secure and may be intercepted or later acquired by unauthorized parties. You acknowledge and agree that your use of the Website is at your own risk. Recognizing such, you understand and agree that, to the fullest extent permitted by applicable law, neither Company nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if Company had been advised of the possibility of such damages), resulting from the Website; the use or the inability to use the Website; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Website; any actions we take or fail to take as a result of communications you send to us; any incorrect, illegible, misdirected, stolen, invalid or inaccurate entry information; human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any device or network, providers, or software (including, but not limited to, those that do not permit an entrant to participate in the service); any injury or damage to computer equipment; inability to fully access the site or service or any other website; theft, tampering, destruction, or unauthorized access to, or alteration of, entries, images or other content of any kind; data that is processed late or incorrectly or is incomplete or lost; typographical, printing or other errors, or any combination thereof; or any other matter relating to the site or service. Notwithstanding anything to the contrary contained herein, Company’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 you to Company for general use of the site or service during the term of your registration for the site, not including any entry fees for contests completed prior to the circumstances giving rise to the claim.

 

11.2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

 

  1. Termination and Suspension

 

12.1. Company may terminate or suspend all or part of the Website and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Website will immediately cease. If you wish to terminate your account, you may contact us with a note to say you wish to terminate your account.

 

12.2. The following provisions of the Terms survive any termination of these Terms: Indemnity; Warranty Disclaimers; Limitation On Liability; Proprietary Information; Links to Third-Party Websites; Termination and Suspension; No Third Party Beneficiaries; Binding Arbitration and Class Action Waiver; General Information.

 

12.3. If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Company regarding restoration of your account only via support@tribally.app.

 

  1. No Third Party Beneficiaries

 

13.1. You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to the Terms.

 

  1. Notice and Procedure for Making Claims of Copyright Infringement

 

14.1. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Company with a written notice containing 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 Website;
  • 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 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.

 

  1. Binding Arbitration and Class Action Waiver

 

15.1. Please read this Section carefully – it may significantly affect your legal rights, including your right to file a lawsuit in court. This Section does not apply to California residents. For information regarding how California residents may bring claims, please see Section 16 below.

 

15.2. Our Customer Service Department is available by/via support@tribally.app. Our Customer Service Department is able to resolve most concerns quickly to our users’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.

 

15.2. If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under Clause 15.2 above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to the Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions.

 

15.3. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to any claim that all or any part of the Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

 

15.4. If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you.

 

15.5. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

15.6. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

 

15.7. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: 111 PIER AVE STE 100 HERMOSA BEACH, CA 90254, FANTASY INVEST. The notice must be sent within 30 days of your first use of the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Company also will not be bound by them.

 

15.8. Company will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.

 

15.9. For any dispute not subject to arbitration you and Company agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

 

15.10. The Terms and the relationship between you and Company shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.

 

  1. CLAIMS BY CALIFORNIA RESIDENTS

 

16.1. This Section only applies to California residents. You furthermore agree as follows:

  • Effective for all claims filed after April 27, 2020, Company and you agree that each party may only bring claims under this agreement in a small claims court in the State of California or in the State of Delaware and for any dispute not within the jurisdiction of a small claims court in California or in the State of Delaware, you and Company agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the State of Delaware. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
  • The Terms and the relationship between you and Company shall be governed by the laws of the State of Delaware without regard to conflict of law provisions.
  • Company’s Customer Service Department is available by support@tribally.app e-mail or via the web to address any individual concerns you may have regarding the Website. Our Customer Service Department is able to resolve most concerns quickly to our users’ satisfaction. You and Company agree to use best efforts through this Customer Service process to settle any individual dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either you or Company initiating a lawsuit. To initiate this process, send a written description of your individual dispute to support@stockbattle.io.

 

  1. General Information

 

17.1. Entire Agreement

 

17.1.1. The Terms constitute the entire agreement between you and Company with respect to the Website and supersedes any prior agreements, oral or written, between you and Company. In the event of a conflict between these Terms and the additional terms, rules and conditions, the latter will prevail over the Terms to the extent of the conflict.

 

17.2. Waiver and Severability of the Terms

 

17.2.1. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

17.3. Statute of Limitations

 

17.3.1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the Terms must be filed within 1 (one) year after such claim or cause of action arose or be forever barred.

 

17.4. Section Titles

 

17.4.1. The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

17.5. Communications

 

17.5.1. Users with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above and in Clause 17.5.2 below.

 

17.5.2. Contact details:

 

Postal address: 111 PIER AVE STE 100 HERMOSA BEACH, CA 90254, FANTASY INVEST

 

support@tribally.app

 

+1 213 409 6787

 

 

Thank you for using the Website!