Terms and conditions of use

1. ACCEPTANCE OF THE TERMS

   1. By clicking the “I AGREE” button displayed on the registration form when registering to use the Stribe or by using the Stribe, you agree to be legally bound by these Terms of Use. A contract is then formed between Us and you personally (“You”).

   2. If You do not agree or do not wish to bind Yourself, You must (a) not use all or part of the Stribe and (b) select the “I DECLINE” button which will cancel access to the Stribe.

   3. Your use of the Stribe will also be governed by the separated terms of use, terms of service and/or other applicable terms of the Website You are visiting. These terms apply in your relationship with such Website, in addition to these Terms which apply in Your relationship with Us when You are registering on the Stribe, using the Stribe or “stribing” on any Website.

2. MODIFICATION OF THE STRIBE AND/OR OF THE TERMS

   1. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Stribe (or any part thereof), with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Stribe.

   2. We also reserve the right to modify the Terms. In such case, We will post the revised version of the Terms on the Stribe Website. Your continued use of the Stribe in case of modification of the Terms will constitute Your acceptanceof the revised version of the Terms. If You refuse to accept the new version of the Terms, You may terminate Your agreement with Us by cancelling Your account with Us, which will remove Your account from all online communities You have joined using the Stribe.

3. DESCRIPTION OF THE STRIBE AND REGISTRATION

   1. The Stribe allows users who register on any Website to interact on such Website with other registered members, to stay connected with their “tribes” or online communities, to chat, comment on a webpage or share private messages. The Stribe also allows You to share a webpage You like on other social networks. Each Stribe and each online community is linked to one or several Website(s) and You may not chat publicly with other members of another online community, unless You are connected to such online community through the associated Website. More information on the Stribe can be found at www.stribe.com/faq/.

   2. In order to use the Stribe and join an online community or social network on a Website, You must register with Us to become a Stribe member (“Member”). Your registration via the Stribe on a Website enables You to join as many communities as You want.

   3. To register, You must be at least 18 years of age or be duly authorized by your parents(s) or legal representative. You may register to become a Member on every Website, through the social toolbar accessible on the homepage (and other web pages) of the Website. When registering, You represent that You are at least 18 years of age and fully able and competent to enter into these Terms.

   4. You will be prompted to provide certain information and to create an account name and password. You agree to (a) provide true, accurate, current and complete information about Yourself; and (b) maintain and promptly update Your profile to keep it true, accurate, current and complete.

   5. You are fully responsible for maintaining the confidentiality of Your password and account for all activities that occur under Your password or account. You may not transfer Your account name and password. In any event, access and use of the Stribe is under Your sole control, supervision, risk and responsibility.

   6. By subscribing to STRIBE, you agree that a public profile is created for Your account, holding information such as Your name, Picture, Age, Gender, and Location. This profile can be accessed on each Website and on the Stribe Website.

      If You do not wish to share such information You can contact STRIBE so we can remove your account or update the information displayed.

   7. By subscribing to STRIBE with a third-party account, for instance (but not limited to) a Facebook, Twitter, Google or Hotmail account, You agree that STRIBE will import your profile data on these third-party services in order to include it in Your public STRIBE profile. When available, Your email address will be retrieved by STRIBE but will not be shared in Your public profile.

      If You do not wish to share such third-party information with STRIBE, do not log in with a third-party account. You can create a dedicated STRIBE account instead.

   8. By posting content into the Stribe service, because of the nature of the service, You agree that this content can be shared on other Websites using Stribe, on the Stribe Website and on external websites like Facebook or Twitter. When technically possible, this content is shared with the mention of Your name and picture.

   9. All content published on the Stribe Website, either directly, by using the Stribe widget on a member website, or by using the Stribe API, can be indexed by major search engines like Google.

4. LICENSE TO USE THE STRIBE

   1. We own all the intellectual property rights in and to the Stribe and to the Stribe Website. We own all rights in the Stribe name, logo, trademark, tradename and all other product names associated with the Stribe and no right or license is granted to You to use them.

   2. Subject to Your registration, and to these Terms, We hereby grant You a limited, non-transferable, non-exclusive right to use the Stribe through the Website(s), as a service, and to use the Stribe Website. You shall access and use the Stribe and the Stribe Website in accordance with these Terms, exclusively for Your own personal non-commercial needs.

   3. You shall not (i) license, sublicense, sell, resell, transfer ,assign, distribute or otherwise exploit or make available to any third party the Stribe in any way, except as expressly authorized hereunder, (ii) modify or make derivative works based upon the Stribe, (iii) reverse engineer, decompile, disassemble the Stribe and/or any component thereof, (iv) access the Stribe in order to build a competitive product or service or a product using similar features, ideas, functions or graphics of the Stribe, or copy any ideas, features, functions or graphics of the Service; (v) access the Stribe for monitoring, benchmarking or competitive purposes.

   4. You shall not obscure, delete or contravene or attempt to obscure, delete or contravene any copyright or proprietary notices displayed within the Stribe.

   5. The licence granted by Us in this section will cease immediately upon termination of these Terms or removal, cancellation or deletion of Your account on the Stribe.

5. YOUR CONTENT AND LICENCE TO USE YOUR CONTENT

   1. We do not monitor the content You publish through the Stribe (“Content”). However, You acknowledge and agree that We reserve the right to remove or disable access to all or part of Your Content posted on the Stribe as is necessary to ensure compliance with these Terms, to comply with all applicable laws and regulations and/or satisfy any applicable judicial or administrative request. We will not be liable to You as a result of such removal or disabling.

   2. Your Content must comply with these Terms and all applicable laws and regulations.

   3. We do not claim any ownership rights on Your Content. After posting Your Content, You continue to retain ownership of Your Content, and You continue to have the right to use and license Your Content in any way You choose. You can decide to remove Your Content from the Stribe and cancel Your account with Us, in which case Stribe will not retain any license rights except as provided below.

   4. You hereby grant Us a non-exclusive, worldwide, royalty-free, sublicenseable and transferable right to use, reproduce, disclose and publicly display Your Content on the Stribe, on the Website and on the Stribe Website during the course of your registration on the Stribe for the purposes of (i) operating and making available Your Content on the Stribe, on the Website and on the Stribe Website, in all current or future media in which the Stribe may now or thereafter be distributed or transmitted (e.g. Internet, GSM, wi-fi, satellite etc.) and (ii) complying with Our legal obligations. Following termination of these Terms, in case all or part of Your Content has been incorporated into Member profiles, news feeds, RSS feeds or other features, You hereby license Us a non-exclusive, worldwide, royalty-free, sublicenseable and transferable right to use, reproduce, disclose and publicly display Your Content as part of these Members profiles, news feeds, RSS feeds or other features, for the duration of intellectual property rights on Your Content.

      Without limiting the foregoing, We reserve the right to archive and retain copies of Your Content following termination of these Terms in order to comply with Our legal obligations, for the duration of intellectual property rights on Your Content.

   5. We may disclose metrics based on Your Content for advertising, marketing and business developments purposes. In doing so, You acknowledge and agree that We will not use, reproduce or publicly display Your Content.

   6. You are responsible for making sure that You have all rights in Your content, including the rights necessary to grant the foregoing licenses to Us. You will indemnify and hold Us harmless in case Your Content violates any third party intellectual property or other rights.

   7. We reserve the right, in our sole discretion, to monitor, edit or delete any Content that is accessible on the Stribe Website that we believe is abusive or uncivil in tone, contains profanity, constitutes spam, contains hate messages, is off topic, or which we otherwise believe is inappropriate or undesirable for the Stribe Website. We have the right to decide to edit or delete Your Content in our sole discretion.

6. ACCEPTABLE USE AND CONDUCT

   1. You are solely responsible for Your use of and conduct on the Stribe, including with other Members.

   2. You agree not to use the Stribe for any purpose that is unlawful or prohibited by these Terms. In particular, You agree not to post, e-mail or make available any Content to other Members or through the Website or the Stribe Website:

      1. which is defamatory, obscene, libelous, vulgar, offensive, inappropriate, harmful, threatening, abusive, harassing, tortuous, invasive of another’s privacy, hateful, violent, pornographic, discriminatory or racially, ethnically or otherwise objectionable or contrary to all applicable laws and regulations, including material that is harmful to children;

      2. that infringes any third party’s intellectual property rights, proprietary or other rights;

      3. which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      4. which constitutes ore contains any form of advertising or solicitation if posted in Your Content or emailed to other Members.

      
      

   3. You agree not to use the Stribe to perform one or more of the abovementioned acts and to:

      1. send spam, “chain letters”, “pyramid schemes” or otherwise duplicative or unsolicited messages in violation of applicable laws, or to send advertisement in violation of these Terms or any applicable laws and regulations;

      2. facilitate or aid the unlawful distribution of copyrighted content;

      3. engage in misleading, deceptive, fraudulent or otherwise illegal activities or promote such activities, including engaging in phishing or otherwise obtaining financial or personal information in a misleading manner or for fraudulent or misleading purposes;

      4. harm minors in any way;

      5. interfere with any other party’s use and enjoyment of all or part of the Stribe or the Website;

      6. interfere with or disrupt the Stribe, the Website, the Stribe Website and/or servers or networks connected to the Stribe and/or Website and/or Stribe Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Stribe and/or Website;

      7. attempt to gain unauthorized access to any service, other accounts (including personal information), computer systems or networks connected to any of Our servers or all or part of the Stribe or the Stribe Website, through hacking, password mining or any other means;

      8. modify, adapt or hack the Stribe or modify another website so as to falsely imply that it is associated with the Stribe;

      9. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;

      10. employ misleading misleading email or IP addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content transmitted through the Stribe or to Members;

      11. collect, use or disclose data, including personal information, about other Members without their consent or for unlawful purposes in violation of applicable laws and regulations;

      12. in any manner that could damage, disable, overburden, or impair any of Our servers, or the network(s) connected to any of Our servers;

      13. send or store malicious code, a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      14. to violate in any manner any applicable laws.

      
      

   4. You agree not to authorize or encourage any third party to use the Stribe or the Stribe Website to facilitate any of the foregoing prohibited conduct.

   5. You agree not to use anyone else’s Stribe account at any time, without the permission of the account holder. You should never give out Your password to another individual or entity. We will not be liable to You for any loss that You may incur as a result of someone else using Your account and/or password with or without knowledge. However, You may be liable to Us for losses incurred by Us due to someone else using Your account and/or password, where We can prove you committed a default. Therefore, please be careful with your identity, account and passwords.

7. THIRD PARTY CONTENT

   1. Content from other Members or advertisers, including information about third party products and services and any third party applications may be made available to You through the Stribe and/or the Stribe Website (“Third Party Content”).

   2. We do not control such Third Party Content. The inclusion of such Third Party Content on the Stribe and/or the Stribe Website does not imply Our affiliation or endorsement of such Third Party Content. Therefore, we may not be liable for any such Third Party Content, including the accuracy, integrity, quality, legality, usefulness, safety of such Third Party Content, and We have no obligation to monitor such Third Party Content.

   3. You are solely responsible (and assume all liability and risk) for determining whether or not such Third Party Content is appropriate or acceptable to You.

   4. You understand that by using the Stribe you may be exposed to Third Party Content that is offensive, indecent or objectionable, and that you use the Stribe at your own risk.

8. YOUR FEEDBACK

   1. You may send Us or provide Us with suggestions, comments, improvements, ideas, recommendations or other feedback related to the Stribe.

   2. If You do so, You acknowledge that We may freely use and implement such feedback in any manner without restriction, and without any obligation of confidentiality or compensation to You.

9. PERSONAL DATA

   1. We collect, use and process personal data regarding Our Members.

   2. To be informed about our practices, please read our privacy policy at www.stribe.com/legal/privacy/.

10. WARRANTIES

    1. Your use of the Stribe is free.

    2. We do not make any warranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Stribe.

    3. We do not warrant that the Stribe or part thereof will (i) be secure, complete, timely, uninterrupted, error-free, virus-free or operate in combination with any hardware, software system or data, (ii) meet Your needs, requirements or expectations.

    4. We will do our best to correct critical blocking errors in the Stribe after having received an email from You on our support contact email including the technical details of your configuration and screenshot of the problem you are experiencing. We do not warrant compatibility with all software and hardware configurations.

    5. You download or otherwise obtain any materials through the use of the Stribe at Your own discretion and risk.

11. INDEMNIFICATION

    1. You agree to indemnify and hold Us harmless from and against any and all claims, demands, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of any breach by You of these Terms, Your use of the Stribe or Stribe Website and/or any Content submitted to or through the Stribe or Stribe Website by You.

12. LIMITATION OF LIABILITY

    1. Nothing in these Terms shall exclude or limit Stribe’s liability for losses which may not be lawfully excluded or limited by applicable law.

    2. Subject to overall provision in paragraph 12.1 above, Stribe, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

       1. any indirect or consequential losses which may be incurred by you (including without limitation any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;

       2. any loss or damage which may be incurred by you as a result of:

          (i) any changes which we may make to Stribe, or for any permanent or temporary cessation in the provision of the Stribe (or any features within Stribe);

          (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Stribe;

          (iii) your failure to provide Stribe with accurate account information;

          (iv) your failure to keep your password or account details secure and confidential;

       3. any indirect damages arising out of or in connection with the access, use and/or failure or inability to access or use Stribe.

13. TERM AND TERMINATION

    1. These Terms become effective as between You and Us at the time of acceptance by You of these Terms through the registration process. These Terms will remain in full force and effect until terminated by You or Us or until deactivation or cancellation of Your account by You or Us.

    2. You acknowledge that We may terminate Your account (in addition to the Website’s right to terminate Your account) and remove Your account, passwords, Content and other information as well as disable Your access to any and all social networks and online communities created through the Stribe platform, in case You do not comply with these Terms. In such case, We will send You a written notice detailing the breach and we reserve the right to terminate these Terms immediately.

    3. Notwithstanding the foregoing, we may terminate Your account immediately without notice if You have misrepresented Your age, or fail to comply with sections , or of these Terms.

    4. We reserve the right to log off or deactivate Your account if it is inactive for more than six (6) months. We will send you an e-mail using the e-mail address You provided us with when registering on the Stribe, with a prior notice of three (3) months.

    5. You may terminate these Terms at any time by deactivating Your account on the Stribe.

14. APPLICABLE LAW AND JURISDICTION

    1. This Agreement is governed by the laws of France.

    2. You and Stribe agree to submit to the exclusive jurisdiction of the courts of France to resolve any dispute regarding the validity, performance, execution, non-performance or interpretation of these Terms. Notwithstanding this, you agree that Stribe shall still be allowed to apply for conservatory measures or injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Date Last Modified

These Terms were last modified on June 2010.