Terms & Conditions.

Last updated: December 18th, 2016.

Welcome Tribers !

Not the most exciting things on earth, but hey, we respect your rights & privacy.

So please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the mytriber.com website and the triber mobile application (the "Service") operated by triber sas ("us", "we" , or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Content


Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts



When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy


We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" to privacy@mytriber.com and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property


The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Triber SAS and its licensors. The Service is protected by copyright, trademark, and other laws of both France, the United States of America and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Triber SAS.

Installing a friend's customized Triber App


Triber provides a platform that allows you and third party users ("Publishers") to customize the Triber Mobile Application and distribute it including via stores such as the App Store and Google Play. Following your agreement to these Terms, the Customized Triber App is installed on your mobile device. The Customized Triber App may include access to social networks, web search boxes and other features. In addition, the installation of the Customized Triber App may enable Triber to access, use and collect a variety of information, both personal and non-personal, regarding your usage of the Customized Triber App, and information about your mobile.

The Publishers customization of the Triber App may take the form of adding data, information, links, web pages, etc…, and then distributing it to you. Triber does not have control of and does not take any responsibility for anything a Publisher adds to the Customized Triber App, which may include without limitation, naming the Customized Triber App, changing the app icon, and associating social feeds. Because Customized Triber App is installed on your mobile device, the Customized Triber App takes up storage space on your mobile device hard-drive. The amount of storage space will vary based on the size of the Customized Triber App and any Third Party Software available to you from it. Some of the data stored in this storage space may include your personal information. Please review the policies of the Third Party’s and/or Publishers for information about their practices.

Third Party Software will have their own terms and conditions and privacy policies and we urge you to review them prior to using them as your use of such Third Party Software is subject to these terms and conditions and privacy policies. Third Party Software is not owned by Triber. Triber is not responsible for any Third Party Software and you acknowledge that Third Party Software may be modified or removed by its respective content owners at any time. You assume all responsibility and risk of use of any Third Party Software and Triber hereby disclaims any and all liability to you or any third party related thereto. Triber does not have any obligation to examine or scan Third Party Software, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Third Party Software. The fact that a Third Party Software is available via the Triber Platform or otherwise is not an endorsement, authorization or representation of Triber's affiliation with any third party, nor is it an endorsement of such Third Party Software and you hereby waive any legal or equitable rights or remedies you have or may have against Triber with respect thereto.

License to Software and Use


Conditioned upon your compliance with the Terms, Triber hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of any Customized Triber App on a single device (whether mobile device or other), solely for your personal use, provided that you use the Triber Apps on a device (whether mobile device or other) owned or controlled by you. You may make a single copy of the Triber Apps for backup purposes. Triber reserves all rights in the Triber Apps not expressly granted to you in these Terms.

With respect to any Third Party Software that may be incorporated with or into any Triber App, you acknowledge and agree that your use of such Third Party Software shall also be subject to its respective usage and privacy terms.

As part of the installation process of the Triber Apps, you may be changing your mobile device settings and/or your social network account settings. By installing the Triber Apps, you agree you have approved such changes and you understand you can reconfigure such settings at any time from the "Settings Menu" available in the Triber App, in the configuration options available in your mobile device, from within your social network account or from your mobile device Setting Menu. Such changes may include, without limitation, the following:

- Allowing software updates of the Triber Apps once a new version is released and the ability to send notifications.

- Allowing the Publishers to send push notifications.

- Allowing Triber access to location-based information.

- Allowing Triber access to information contained on your Social Network accounts (which you must explicitly and separately opt in to).

You may not use the Triber Apps in any manner that could: (i) damage, disable, overburden, or impair the Triber Apps (or any server or networks connected to any the Triber Apps), or (ii) interfere with any third party's use and/or enjoyment of the Triber Apps (or any server or networks connected to the Triber Apps).

License Restrictions


Except as expressly specified in these Terms, you may not: (a) copy or modify the Triber App and software; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Triber Software to any third party; or (c) use the Triber Software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge and agree that portions of the Triber Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Triber and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Triber Software provided in object code or any other Triber products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

Any Open Source Software that may be accompanying the Triber Software is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein "Open Source Software" mean open source software components provided with the Triber Software that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Triber Software. These Terms does not apply to any Open Source Software accompanying the Triber Software and Triber hereby disclaims any and all liability to you or any third party related thereto.


Links To Other Websites


Our Service may contain links to third-party web sites or services that are not owned or controlled by Triber SAS.

Triber SAS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Triber SAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination


We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification


You agree to defend, indemnify and hold harmless Triber SAS and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability


In no event shall Triber SAS, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; 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 we have 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.

Warranty Disclaimer


Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Triber SAS its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions


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.

Governing Law


These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Legal Notice (*December 2016)

Website’s publisher

http://mytriber.com is published by e-NRJ, limited liability company capitalized at €100,000, RCS PARIS 424 314 649 with registered office at 22, rue Boileau 75 016 Paris - 01 40 71 40 00.

e-NRJ individual identification number is FR 58 424 314 649.

The publication manager Monsieur Kevin BENHARRATS.

Website’s host

Microsoft Azure, Microsoft Ireland Operations Limited (« Microsoft ») Block B - Atrium Building - Sandyford Industrial Estate - Carmanhall Road - Dublin 18 – Irlande - +353 1850 940 940

Contact Us


If you have any questions about these Terms, please contact us :

contact@mytriber.com

or

Triber SAS
3 Rue Sextius Michel
75015 Paris
France