Welcome to the TribeTXT Platform owned by NMS Productions USA LLC Reg## 853461805 and its associated entities (together the Company", "we," "our," or "us") that is dedicated to giving content creators, experts influencers, leaders and celebrities (CREATORS) proprietary platform tools to build a strong community with followers (SUBSCRIBERS / USERS) who are keen to receive exclusive content from a creator in exchange for an agreed subscription fee.
By using or accessing our Platform, you acknowledge that you have read and understood and agree to be bound by these Terms in their entirety in addition to any other applicable laws and regulations and that you have the authority to act on behalf of any person or entity for whom you are using the Platform and you agree to these Terms personally and on behalf of that person or entity.
We reserve the right to change, modify, add or remove portions of these Terms at any time without notice to you. If we do, it will be effective upon posting it on the Platform. By continuing to use or access the Platform following any changes to these Terms, you signify that you have read, understood, and agree to be bound by the updated Terms.
Please have a careful read through these Terms before using the Platform. If you do not agree to any of these Terms, you must not use the Platform in any manner.
If you have any questions, please contact us by email via firstname.lastname@example.org
USER MUST NOT BE A MINOR.
By using the Platform, ordering any goods or services through the Platform, or otherwise engaging with the content on the Platform, you represent and warrant that you:
are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or
are the parent or legal guardian of a person under the age of 18 who intends to use the Platform, and you agree to be bound by these Terms on that person’s behalf
As a condition of your using and accessing the Platform, you represent and warrant that you:
will only maintain one Account at any given time, and if your Account is ever suspended or terminated for any reason, you will not create another account;
are not currently prohibited or otherwise restricted from using or accessing the Platform;
are not a competitor of us, and are not using or accessing the Platform for the purposes of competing with our business;
will not breach any applicable Laws (including any applicable privacy laws); and
will not infringe the Intellectual Property Rights or other rights of any third party or breach any duty of confidentiality.
In order to use the Platform, you will be required to sign up for an account (Company Account).
When you register for a Company Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you're solely responsible for:
maintaining the confidentiality and security of your Company Account information and your password; and
any activities of any third party that occur through your Company Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won't be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your Company Account information or your password.
SUBSCRIPTION FEES AND PAYMENT
The fees payable on our Platform to access and support Creators are on a subscription basis. You must pay to the Company the subscription fees in the amounts and at the times specified by the Creator you choose to follow (Subscription Fees).
Your access to the Platform will be limited, only until you subscribe to and pay the Subscription Fees for a particular Creator on our Platform. Once you have successfully subscribed to at least one Creator (each a ‘Subscription’), your access to the Platform will become unrestricted and you will have full access to all features of the Platform.
The Subscription Fees are payable monthly per Subscription and debited directly from your nominated account on the same day of every month, commencing the initial Subscription date (Subscription Term).
We use third-party payment providers (Payment Providers) to process your payment. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payments.
When charging your payment method fails, the payment provider will retry 1 day after the failed attempt, and another retry will happen after 3 days. If after the second attempt payment fails, your subscription will be cancelled with immediate effect.
If an error occurs in the billing bank, gateway, processor, or intermediate processor of one of our Payment Providers and a transaction is lost, the Company has up to 30 days to work with the billing bank, gateway, processor, or intermediate processor to locate this transaction and solve this issue. You waive any error unless you notify the Company of the error within three months after you receive the bill in which the error first appears. You hereby release the Company from any liability for any error that you do not report to the Company within three months after you receive the bill in which the error first appeared.
Except as otherwise set out on our website, subscription fees are non-refundable and any refunds we issue will be solely at our discretion. Please let us know if you have any issues with our Platform that you think should entitle you to a refund and we'll consider your situation. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate the Company to provide refunds in the future, under any circumstance.
We'll need you to make a few promises about the way you'll use the Platform.
not to copy, reproduce, translate, adapt, vary or modify the Platform without our express consent;
not to use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
not to attempt to breach the security of the Platform or the Company's system security, or otherwise interfere with the normal function of the Platform, including by:
gaining unauthorised access to Company Accounts or data about other users of the Platform;
scanning, probing or testing the Platform for security vulnerabilities;
overload, flood, mailbomb, crash or submit a virus to the Platform or the Company's system;
bypassing the measures that the Company may use to prevent or restrict access to the Platform, including features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content in it; or
instigate or participate in a denial-of-service attack against the Platform or the Company's system;
not to collect or harvest any personally identifiable information, including account names, from the Platform;
not to use the Platform for any commercial solicitation purposes;
not to impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
not to interfere with the proper working of the Platform; and
not to access any content on the Platform through any technology or means other than those provided or authorized by the Platform.
You must also abide by the following community guidelines and agree not to participate in or undertake any of the following behaviours or actions:
Harass, stalk, threaten, embarrass, or cause distress or discomfort to any person or organisation you are connected with via the Platform;
Use language that could be considered offensive or likely to harass, upset, intimidate, embarrass, alarm, or annoy;
Transmit any information, data, text, files, links, software, communication, or other materials that a reasonable person would consider to be unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, slanderous, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
Distribute the text messages that are sent between you and the other Platform user;
Submit private or personal information about any person;
Request personal information from or share your personal information with any Platform user, including financial information, email address, telephone number, or mailing address;
Request money from, or otherwise defraud any other Platform user;
Discuss any activity that may be considered obscene in your community or may be generally considered obscene worldwide, including pedophilia, the exploitation of children, age-play, incest, rape, extreme violence, genital mutilation, sado-masochistic abuse or bondage, torture, bestiality, necrophilia, urination, defecation, enema play, vomiting, menstrual bleeding, or paraphilia;
Engage in any illegal activity, including offering money or other consideration in exchange for sex;
Discuss illegal activity (including prostitution or escort services) or post links to other websites that deal with illegal activities;
Transmit any unsolicited advertising, promotional materials, or other forms of solicitation through the Platform, including the solicitation of celebrities for commercial ventures;
Engage in antisocial, disruptive, or destructive behavior, including "bombing, "laming", "flooding", "trolling”, and "griefing" as those terms are commonly understood and used on the Internet.
TYPES OF CONTENT
As part of using the Platform, you'll be uploading images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the Platform, sharing content via the Platform on social media or by contacting us, or when you register a Company Account (Posted Materials).
By providing or posting any Posted Materials, you represent and warrant that:
you are authorised to provide the Posted Materials;
the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
the Posted Materials are not "passing off" of any product or service and does not constitute unfair competition;
the Posted Materials do not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
the Posted Materials are accurate and true at the time they are provided;
any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
the Posted Materials do not breach these Terms, or infringe any applicable laws, regulations or orders.
POSTED MATERIALS – IP LICENCE
By uploading any Posted Materials, you grant to the Company (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
REMOVAL OF POSTED MATERIALS
We don't have any obligations to screen Posted Materials in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Materials at any time without giving any explanation or justification for removing the material and/or information.
Unless we indicate otherwise, all materials used in the Platform (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Platform in accordance with the plan you are on, except to the extent permitted by law or where you have received prior written approval from us.
MONITORING AND ENFORCEMENT
The Company may end any Subscription for any reason or no reason in its sole discretion, including where the Company in its sole discretion believes that you have breached the Terms, infringes any intellectual-property rights of any third party, threatens the personal safety of other users, Creators of the Platform or any other person in which case payments made shall be non-refundable.
The Company will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone engaging in any unauthorised use of the Platform or any illegal or alleged illegal conduct.
You agree to hold harmless the Company, its affiliates, licensees, and service providers from any action taken by it or law enforcement investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
The Company does not endorse the opinions expressed in any comments or any content discussions on our Platform or by any other User or Creator.
You acknowledge that whilst the Company will use all reasonable endeavours to remove any inappropriate, offensive or objectionable transmissions, communications, or content provided by any Creator, the Company cannot guarantee that the Platform will be free from such content.
You agree to hold harmless the Company, its affiliates, licensees, and service providers from any performance or non-performance of the activities described in this disclaimer.
THIRD PARTY CONTENT & LINKS
The Platform may contain text, images, data and other content provided by a third party (Third Party Content). We're not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Platform may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
The Platform are made available to you strictly on an 'as is' basis. We can't guarantee, and make no warranties, to the extent permitted by law, that:
the Platform will be free from errors or defects;
the Platform will be accessible or available at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the Platform. You should take your own precautions to ensure that the process which you employ for accessing the Platform does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
DISCLAIMER OF WARRANTIES
Your use of the Platform is at your own risk. All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.
Specifically, the Company makes no warranty that:
that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted;
defects will be corrected;
the Platform or the server that makes it available is free of viruses or other harmful components; or
that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.
The Company makes no warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, title, noninfringement, privacy, security, and fitness for a particular purpose regarding the Platform.
Neither the Company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose.
The Company does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services.
Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the platform, ideas and techniques offered and utilized, your knowledge and your skill. Since these factors differ among all individuals, the company cannot and does not warrant or make any representations or guarantees regarding your success or income level.
The Company does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections.
The Company shall not be responsible for any performance or service problems caused by any third-party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
CANCELLATION BY SUBSCRIBERS
You may cancel your Subscriptions at any time, by using the ‘Unsubscribe’ button next to the name of the Creator you have subscribed to. Simply click on this button to Unsubscribe. Please note that all cancellations will only become effective at the end of your Subscription Term. You will continue to have to the content of the creator(s) you subscribed to until the end of the subscription term.
CANCELLATION BY CREATORS
At this point and until further notice Creators who wish to delete their Company Account must email directly to email@example.com. Our support team will assist you to fulfill your request within 48 hours.
CANCELLATION BY US
We reserve the right to terminate a Company Account for failure of the Creator to sign up at least 25 paying Subscribers within 90 days from sign up.
Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.
LOCATION OF PLATFORM
The Company controls the operation of the Platform from headquarters located in the United States of America. Some Platform or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of the United States of America.
You're solely responsible for your decision to use the Platform from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Platform.
A notice or other communication to a party under this agreement must be:
in writing and in English; and
delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
24 hours after the email was sent; or
when replied to by the other party, whichever is earlier.
GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the state of Delaware USA. Each party irrevocably submits to the exclusive jurisdiction of the courts of Delaware and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Last updated: 04 April, 2022