Effective date: February 1, 2021
The Trybe App is a social media app that allows you to share your stories with others in the Trybe community. The app is owned and operated by Storybankit Inc. Our address is 3163 256th Street Langley BC V4W 1Y4 Canada.
Social media is great, but they have disconnected us from one another at a real/interpersonal level. Now through social media and the Trybe App, we have the ability to reconnect at a personal level, where it counts. The Trybe App allows you share your stories with others in the Trybe community anywhere and everywhere.
Our lawyers tell us that we have to have Terms and Conditions to protect both you and us. That’s what this document is. Please read it carefully because these Terms and Conditions are binding on both you and Trybe.
BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU HAVE NO RIGHT TO USE THE SERVICES AND YOU MUST IMMEDIATELY CEASE ANY FURTHER USE OF THE SERVICES.
Trybe reserves the right, in its sole discretion, to add to, delete, or otherwise change any term or condition in this Agreement upon notice to you by posting such revised Agreement on the Website or within the App. If you do not agree with any term or condition set out in such revised Agreement, you must immediately cease any further use of the Services, and this Agreement will be deemed to be terminated by Trybe in accordance with Section 13 below.
1. PERMITTED USE
The Services are provided solely (the “Permitted Use”) to allow you, subject to this Agreement, to a) use Trybe, a social media platform; b) interact with other Trybe creators and users of the Services; c) use any other services made available to you through the App or Website. The minimum age (“Minimum Age”) to use the App or other Services is 14 years of age, or, for the App, the age specified by the age rating standard applicable to the use of the App in your country of residence. Trybe does not knowingly or intentionally collect information from children under 14. If we learn that we have received information directly from a child who is under the age of 14, we will delete the information. To join a creator’s subscription as a user, or provide a subscription as a creator, you must be at least 18 years old or have your parent’s permission.
As a condition of your use of the Services, you represent, covenant and warrant that a) you have reached the Minimum Age required to use the Services; b) you possess the legal authority to create a binding legal obligation; c) you will use the Services in accordance with this Agreement; and d) all information supplied by you to us or through the Services is true, accurate, current, and complete. Parents or guardians are responsible for the acts of children under the applicable age of majority when using the Services.
2. TRYBE USER ACCOUNT
A user is someone who joins the Trybe social platform for free and may choose to engage in rewards with other users or creators or subscriptions from Trybe to support their favorite creators. Through a paid subscription on Trybe or through rewarding, users directly interact with creators and other users they support. As a user, you’re joining Trybe to be part of an exciting movement to support a community through social rewarding, exclusive access to creator content, and engaging experiences with the creators and Trybe users community. In exchange, you may reward Trybe users through purchased rewards, or on a subscription basis, to access and support creators you like.
You may cancel your subscription payments at any time. You may withdraw rewards at any time as long as you meet the minimum withdrawal limit of 5000 gems. If you are located in the jurisdiction in which Trybe is required to charge and collect tax (e.g. VAT or, sales tax), then this tax is added to the total charge when purchasing rewards or subscriptions. As tax is largely dependent on your location, you are responsible for keeping your address complete and up to date.
As a user there are two optional fees associated with your account on Trybe. The first is the fees for purchasing one time rewards. Rewards can be purchased as In-App purchases. All purchases are charged a 40% fee which is allocated to cover platform fees and publishing (up to 30%) and operating costs of Trybe (minimum 10%). Rewards can be given to other users and creators for their content. When rewards are given to other users or creators a 10% fee is charged by Trybe per transaction. Rewards earned or purchased can also be withdrawn from the users account with a minimum redemption amount of 5000 credits. Trybe charges a 10% withdrawal fee to cover processing and forex as well as operations. The second optional fee is subscriptions. You can subscribe to creators for premium or exclusive content to support creators.
Refunds. Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion.
3. TRYBE CREATOR ACCOUNT
A creator is someone who creates a subscription page on Trybe to engage with users who have purchased subscriptions from Trybe to support the creator’s content. There are a lot of details below involving payments, fees, taxes and restrictions that you should read in full if you are a creator. Membership To become a creator please contact us directly at this time at email@example.com. When you join trybe, you become part of the Trybe community. You can use creator tools that Trybe provides and is developing, and receive recurring revenue from your subscriptions as well as revenue through rewards received. Subscriptions are for your most passionate fans. On Trybe, you can provide your users something exciting that gives them unique benefits they want, like additional access, exclusivity, and engaging experiences. In turn, you will receive loyal support from your subscribers, and recurring revenue from subscriptions as well as one time revenue through rewards that have been purchased from users. Payments As a creator you make your subscription available on Trybe, and we provide subscription to your users. You can also receive one time awards for content. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us at firstname.lastname@example.org. In order to protect creators, we may block users’ payments if we believe them to be fraudulent. Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we reserve the right to recover those funds from future payments. FEES As a creator there are two fees associated with your account on Trybe. The first is the fees for purchasing and withdrawing one time rewards. Rewards can be purchased as In-App purchases. All purchases are charged a 40% fee which is allocated to cover platform fees and publishing (up to 30%) and operating costs of Trybe (minimum 10%). Rewards can be given to other users and creators for their content. When rewards are given to other users or creators a 10% fee is charged by Trybe per transaction. Rewards earned or purchased can also be withdrawn from the users account with a minimum redemption amount of 5000 credits. Trybe charges a 10% withdrawal fee to cover processing and forex as well as operations. The second is the fee associated with subscriptions. Trybe will charge a fee (to be determined upon completion of the subscription feature by Trybe) to cover platform fees, forex, payment processing and operations from the total user subscription amount. The balance will be allocated to the creator. Depending on your users’ locations, some banks may charge your user a foreign transaction fee for their subscription. Trybe does not control this charge We collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any income or withholding taxes which may be due as a result of payments received. We are additionally responsible for a number of transactional taxes across the world. These include but are not limited to VAT on payments for electronically supplied services to users in the EU, GST in Canada, and state sales tax as a result of ‘marketplace laws’ within the United States. For the purpose of electronically-supplied services, creators make a supply of those services to us, and then we supply them to the user. If your users include people under the age of 18, then please remind them that they need permission to join your subscription, and those under the age of 14 cannot use Trybe. We are not required to allow any particular person or group of persons to be your user.
4. LIMITED LICENSE FOR APPS
Trybe grants you a limited, revocable, non-exclusive, non-transferable, non-assignable license to download, install, access, and use the App solely for your own personal, non-commercial use on any device that you own or control, and for no other purpose whether express or implied. Trybe reserves all rights not expressly licensed to you under this Agreement.
5. USE RESTRICTIONS
The rights granted to you in this Agreement are subject to the following restrictions. Specifically, you may not:
(a) rent, lease, license, sublicense, transfer, host, loan, sell, or otherwise transfer the Services;
(b) copy, reproduce, republish, or distribute the Services;
(c) disassemble, decompile, reverse engineer, modify, adapt any components of the Services, or create derivative works of the Services;
(d) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement;
(e) use the Services in any way that infringes, violates, or misappropriates the rights of any third party, including without limitation third-party intellectual property rights;
(f) use scripts, automation software (“bots”), “Macro” software or any other performance-enhancing methods or technologies designed to cheat or gain any advantage within the Services;
(g) upload files to the Services that contain viruses, time bombs, trojan horses, worms, corrupted files or data, or any other similar software or program that may damage the operation of the Services or the hardware or computer systems of other users;
(h) promote or encourage unlawful activity including hacking, cracking, or distributing counterfeit software, or cheats or hacks for the Services;
(i) circumvent or attempt to circumvent technologies used by Trybe to detect and prevent cheating in the Services;
(j) restrict or inhibit another user from using the Services;
(k) impersonate any person, including Trybe or other users of the Services;
(l) attempt to gain unauthorized access to any of Trybe’s, or any other users’, accounts, computer systems, or networks associated with the Services;
(m) block, disable, or otherwise affect any advertising, tabs, links to other sites and services, or any other features forming part of the Services;
(n) use the Services in any way to transmit, or harvest any information for the purposes of transmitting, directly or indirectly, any unsolicited bulk communications or “spam” (such as e-mails, voice, photos, video, chat, or instant messages); or
(o) authorize or assist any third party to do any of the things described in this section.
You understand and agree that: (i) the Services not designed or customized for distribution or use, as applicable, in any specific country or jurisdiction and (ii) the Services are not intended for distribution to, or use by, any person or entity in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. You are solely responsible for compliance with local laws, including any applicable data protection laws, as applicable, when you use the Services.
6. CHANGES TO THE SERVICES AND ACCESS
This Agreement will govern any upgrades that may be provided by Trybe that replace or supplement the original App licensed under this Agreement, or any other changes to the Services, unless such upgrade or change is accompanied by a separate agreement in which case the terms of that agreement will govern. Trybe reserves the right to change, suspend, remove, or disable your access to or use of the Services, and to change, modify, remove, terminate, suspend or discontinue any feature of Trybe, and any information, material, image, text, video, sound, post, comment, profile, graphic, persona, code, data, media, or other content (the “Content”) contained in, provided through, made available in, or appearing in the Services in our sole discretion and without notice. Without limiting the foregoing, Trybe may change the availability of any Content, and, subject to applicable law, institute or amend existing fees or charges in connection with the use of the Services in its sole discretion and without notice. In no event will we be liable for the removal or disabling of your access to or use of the Services.
7. CONTENT YOU POST ON THE SERVICES
The use of any Content available on the Services is at your own risk. We have no obligation to prescreen, edit, or remove any Content provided by you or other users that is posted on or made available through the Services. You will not post any Content on the Services that:
(a) uses offensive, racist, hateful, vulgar, obscene, or otherwise-harmful language;
(b) incites violence or contains graphic or gratuitous violence;
(c) is pornographic or contains nudity;
(d) is defamatory;
(e) divulges another person’s or entity’s confidential information or trade secret;
(f) is fraudulent, unlawful, threatening, harassing, abusive, or discriminatory;
(g) encourages criminal conduct;
(h) advertises or solicits business for products and services other than those offered or promoted on the Services
(i) may reasonably be considered spam, junk mail, or any other type of unsolicited mass message to individuals or entities that have not agreed to receive such Content, including an excessive volume of meaningless or repetitive threads or other Content as determined in Trybe’s sole discretion;
(j) contains or links to any Trybe Content, product, or service, that has yet to be released;
(k) contains or links to any virus, malware, spyware, or other harmful Content or code;
(l) violates any laws (including copyright, trade-mark, or other intellectual property or data protection and privacy laws);
(m) you do not have the right to submit, disseminate, or transmit;
(n) contains personal information which you do not have permission to share; or
(o) contains inaccurate personal information.
Trybe does not regularly review Content posted by users or creators, but does reserve the right (but not the obligation) to monitor and edit or remove any Content submitted to the Services, and to ban any user from submitting Content to the Services, in its sole discretion. You grant Trybe the right to use the name that you submit in connection with any Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Content you submit. You are and shall remain solely responsible for any Content you make and you agree to indemnify Trybe and its affiliates for all claims resulting from or relating to any Content you submit. Trybe and its affiliates take no responsibility and assume no liability for any Content submitted by you or any third party.
8. LICENSE GRANT TO DATA YOU PROVIDE TO US
You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide, and fully sub-licensable license to access, collect, store, use, host, reproduce, modify, create derivative works, publicly perform or display, or otherwise transmit and communicate, in part or in whole, in any manner or form and in any medium or forum, any Content, reviews, questions, comments, suggestions, records, and files that: (a) you load, transmit to, post in, or enter into the Services; or (b) we collect from third parties with your permission, and including all results from processing such data, information, records, and files, including compilations, and derivative works thereof, without notice, payment, or attribution of any kind, including for the purpose of: (i) providing and making available the Services and (ii) complying with applicable law. You also grant all other users of the Services the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate or distribute your Content on or through the Services without notice, attribution, or compensation to you. You represent and warrant that you have the right to distribute and reproduce the Content and to grant the license that you have granted above. You hereby waive all your moral rights in the Content for the benefit of Trybe and its successors, assigns, and licensees.
9. DIGITAL CURRENCY, AND ENTITLEMENTS
10. CONTESTS, COMPETITIONS & OTHER SPECIAL OFFERS
From time to time, Trybe and/or its partners may offer users the opportunity to participate in contests, competitions, sweepstakes, giveaways, and other promotions. Additional terms and conditions may apply to such contests, sweepstakes, giveaways, and other promotions. It is your responsibility to carefully review those terms and conditions.
12. THIRD PARTY CONTENT, LINKS, AND APPS
The Services may (i) contain third party Content, including advertisements, (ii) incorporate services provided by third parties, and (iii) provide links to third party, websites or applications (collectively, “Third Party Works”). Third Party Works are provided solely for your convenience and for the convenience of other users of the Services. Links to Third Party Works do not imply that Trybe sponsors, or is affiliated or associated with the person that owns or is responsible for such Third Party Works. We do not endorse the information, Content, games, products, or services described in the Third Party Works or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. The Content in any Third Party Work is not under our control, and if you choose to access any such Third Party Works, you do so entirely at your own risk. This Agreement does not grant you any license, right, title, or other interest in Third Party Works, which may require you to enter into agreements with a third party. You are responsible for reviewing and accepting the terms of any agreement in connection with any Third Party Works.
13. TERM; TERMINATION
This Agreement commences when you first use the Services and will continue in effect unless otherwise terminated in accordance with the terms of this Agreement. If you breach any term or condition of this Agreement, Trybe may immediately terminate this Agreement, or cease providing access to the Services to you. In addition, Trybe may, without notice, terminate this Agreement and/or immediately cease to provide you with access to the Services if: (i) Trybe is prevented from providing such access to you due to any law, regulation, directive, or ruling from any governmental or regulatory authority; (ii) Trybe suspects you of cheating, or (iii) in Trybe’s sole discretion, Trybe determines that it is in Trybe’s interest to stop providing such access to you. You may terminate this Agreement at any time by disabling the App and ceasing all access to and use of the Services. Upon the termination of this Agreement, you will immediately cease to use or otherwise access the Services, and you will immediately delete from your device all copies of the App in your possession or control. Deleting Your Account You may self-initiate a deletion of your account directly inside the Trybe App. Please be aware that this is a final act and cannot be reversed. Any rewards in your account will be deleted as well unless withdrawn prior to deletion. Any accounts with less than 5000 awards cannot be withdrawn prior to deletion. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. We can disable your account at our discretion. We can also cancel any subscriptions and remove any descriptions, posts or benefits at our discretion. These terms remain in effect even if you no longer have an account.
15. COMMUNICATIONS NOT CONFIDENTIAL
We do not guarantee the confidentiality of any communications made by you through the Services, or any Content you load, transmit to, post in, or enter into the Services. You understand, agree, and acknowledge that we cannot and do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Services.
16. MAINTENANCE, UPDATES AND SUPPORT
In order to access and use the Services, you are responsible for providing the required mobile device or other hardware with a current operating system, as well as an Internet connection. You agree to pay all fees incurred by you when using the Services through an Internet connection. From time to time, Trybe may require or allow you to download software, software updates or patches (“Updates”). You acknowledge and agree that certain Updates may be required in order to continue using the Services, and may modify this Agreement, or your ability to access certain features or functionalities within the Services. You consent to Trybe automatically installing any available Updates for the Services. Your failure to install available Updates may result in an ability to use the Services. Except as required by law or as otherwise set out in writing by Trybe, nothing in this Agreement will require Trybe to provide you with or entitle you to receive from Trybe documentation, support, telephone assistance, enhancements, or Updates to the Services.
SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE FOLLOWING EXCLUSIONS MAY NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFECT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND LBC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY; MERCHANTABLE QUALITY; SATISFACTORY QUALITY; FITNESS FOR A PARTICULAR PURPOSE; ACCURACY; QUIET ENJOYMENT; AND NON-INFRINGEMENT, VIOLATION, OR MISAPPROPRIATION OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. LBC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES; THAT THE FUNCTIONS CONTAINED IN OR PERFORMED BY THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LBC SHALL CREATE A WARRANTY. EXCEPT AS MAY OTHERWISE BE SET OUT IN WRITING BY LBC, SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
18. LIMITATION OF LIABILITY
SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES, OR LIABILITY, SO THE FOLLOWING EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. YOU ALSO ACKNOWLEDGE AND AGREE THAT TRYBE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, AND OTHER REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE TO YOU IN ANY MANNER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE, OR ANY OTHER LIABILITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT OR INFORMATION OBTAINED BY YOU ON, FROM, OR THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION, OR GOODWILL, ANTICIPATED OR OTHERWISE, AND IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION OR CLAIM, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL TRYBE’S TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THIS AGREEMENT, INCLUDING FROM YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES OR ANY CONTENT OR INFORMATION THAT MAY BE OBTAINED ON, FROM, OR THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES, EXCEED TEN CANADIAN DOLLARS ($10) (OR THE EQUIVALENT IN LOCAL CURRENCY). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. The limitation above reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold harmless Trybe, its subsidiaries, affiliates, officers, directors, shareholders, agents, and other partners and employees from any loss, expense, liability, claim, or demand, including reasonable lawyer’s fees, arising out of, resulting from, or in connection with: (a) your use or misuse of the Services or (b) the breach of any of your obligations, representations or warranties under this Agreement.
20. INTELLECTUAL PROPERTY RIGHTS
(a) You acknowledge and agree that the App provided to you is licensed to you and not sold. Trybe (and its licensors) retains all right, title, and interest (including intellectual property rights) in the Services, including the copies of the App on your devices. All trademarks are the property of their respective owners. You are not authorized to use any such trademarks. The Services contain proprietary Content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright. You will not use such proprietary Content, information, or materials in any way whatsoever except for Permitted Use of the Services. You agree (i) not to remove any trademark, copyright, or other proprietary notices on or in any portion of the Services as delivered and (ii) to reproduce all such notices on and in all authorized copies. (b) Trybe shall not be obligated to indemnify or defend you with respect to any claim arising out of or relating to the Services or use of the Services. To the extent that Trybe is required to provide indemnification by applicable law for any third party claim that the Services, or your possession and use of the Services, infringes a third party’s intellectual property rights, Trybe will be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Services or your use of the Services infringes any third party intellectual property right, but only where Trybe is required to provide indemnification under applicable law.
21. LINKING TO TRYBE
You may link to the Trybe social media app on the Website provided you comply with the linking conditions described below (collectively, the “Trybe Linking Terms”):
(a) A link may be established to the following home page of Trybe at www.trybe.ly
(b) If you link to Trybe, your website:
(i) may not imply that Trybe is endorsing you or your products or services;
(ii) may not imply an affiliation between you or any entity on whose behalf you may be acting without the prior written consent of Trybe;
(iii) may not misrepresent your relationship with Trybe or present false or misleading impressions about Trybe or its services; and (iv) may not contain content that is illegal or may be interpreted as distasteful or offensive;
(c) Trybe shall have no responsibility or liability for any content appearing on your website;
(d) Trybe may, at any time and in its sole discretion, immediately terminate your right to link to the App or Website, with or without cause. If Trybe exercises this right, you will immediately remove all links to the App or Website; and
(e) Without limiting the generality of the foregoing, regardless of whether a link has been permitted by Trybe, Trybe is not responsible for the contents of any website that is linked to the App or Website. Trybe makes no representations or warranties, and does not endorse any website that is linked to the App or Website, the contents of any such website, the information appearing on any such website or any of the products or services described on any such website. The fact that a website is linked to the App or Website does not imply that Trybe sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
By linking to App or Website, you will be deemed to have reviewed, understood and accepted, on your own behalf and on behalf of any person on whose behalf you may be acting, the Trybe Linking Terms and agreed with Trybe to be bound hereunder.
(a) This Agreement is the entire agreement between you and Trybe and supersedes all prior agreements between the parties regarding the subject matter contained herein.
(b) This Agreement will ensure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns. If any provision of this Agreement is held to be invalid or unenforceable to any extent, then the provision will be deemed to be severed from this Agreement and the remainder of this Agreement will continue in full force and effect.
(c) You may not assign this Agreement or the rights under this Agreement. Trybe may assign this Agreement and its rights under this Agreement without your consent.
(d) The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be effective unless it is in writing and signed by all parties, and, unless otherwise provided, will be limited to the specific default or breach waived.
(e) The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
(f) By using the Services, you consent to receiving electronic communications from Trybe related to the Services, such as in-App error messages or in-App alerts. You agree that any such notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
(g) Trybe shall be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control.
(h) Except where prohibited by applicable law, including in the Province of Quebec, This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, and each party further consents to the exclusive jurisdiction of the courts of Ontario.
(i) The terms and conditions contained in this Agreement that are necessary for the interpretation hereof, or the nature and intent of which is to survive termination or expiration of this Agreement, will survive termination or expiration of this Agreement.
23. APPLE APP STORE ADDITIONAL TERMS
(b) Notwithstanding anything to the contrary hereunder, you may use the Apps only on an Apple device that you own or control.
(c) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
(g) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
(h) You must comply with applicable third-party terms of agreement (if any) when using the App.
24. GOOGLE PLAY ADDITIONAL TERMS
(a) You acknowledge that Google is not responsible for providing support services for the App.
25. QUESTIONS AND NOTICES
You agree that any demands, notices, questions, or other communications shall be in writing and sent to email@example.com.