The following terms and conditions are applicable to the usage of the website and services of Trybe Marketing (indicated as “Trybe Marketing”, “we”, “our” and “us”). By using our websites and platform you are bound by these terms and conditions. Insofar you have an agreement with Trybe Marketing, the underlying terms and conditions shall apply to such agreement as well.
Trybe Marketing, registered at the Dutch KvK under number 76339955, is an online platform service for brands and influencers. We do this by forming Trybes (“Trybe”), a match between a brand and influencers where they agree to work together on creating content on social media platforms. To make these matches, both influencers and brands can use our service (“Our Service”, “Our Service and Website”).
Registration and usage
Trybe Marketing is a platform service connecting influencers to brands. In order to do so, we need you to register so you can share content on Our Service. The following terms and conditions apply to your registration:
- You must be at least 13 years of age to register;
- By registering, you agree that the information you submit in your account registration is true, accurate and complete and is your personal information. It is your responsibility to keep the information up to date at all time. You are not allowed to sell, transfer or license your account to another person, except for official representation services. If you use the lather, you will let Trybe Marketing know this beforehand. Trybe Marketing has the right to check information provided to register your account and refuse or refrain your account without notice in the event Trybe Marketing is of the opinion you do not comply with these terms (for example insofar the information you submitted into your account turns out to be false);
- You are solely responsible for protecting your password. Do not give this away to other users or persons. You are also not allowed to use any other users’ password and/or account. Trybe Marketing cannot be held responsible in case of misuse of your account directly stemming from uncarefullness
- It is strictly forbidden to discriminate, bully, abuse, harass, threaten, pick on or stalk people or brands via your account or via Our Service and Website in general;
- You are not allowed to use your registration and account to send spam, comments or commercial messages that are not related to the selected product to any user or brand on Our Service and Website;
- Trybe Marketing withholds the right to change, ban or terminate any account or username at any moment
- Violations of these terms and conditions may lead to a termination of your registration. In case of a termination, your rights from these terms & conditions will immediately be ceased.
Content
Our Service and Website is based on the exchange of content on social media channels. Therefore the following terms and conditions apply to the content on Our Service and Website:
- The content you post on your social media channel that is related to a Trybe must be your own and may not infringe on copyright laws or on the rights of any third party such as (but not limited to) privacy rights, intellectual property rights or trademarks
- The content may not be discriminatory, pornographic, hateful, unlawful, contain nudity and or display any form of violence
- Trybe Marketing does not claim ownership of any content posted on Our Service and Website or regarding to a Trybe
- By posting content (which can consist of texts, video, pictures, animations, logos or other media) on your social media channel that is related to a Trybe you grant Trybe Marketing a sub-licensable, royalty-free, non-exclusive and worldwide license to use that content under the underlying terms and conditions and the Privacy Policy of Trybe Marketing. Furthermore, by posting content on your social media channel that is related to a Trybe, you grant the brand or company which Trybe you joined the same rights as mentioned above for the content you have made
- Trybe Marketing has the right at any moment to edit or remove content you post on our website or platform in case this content is in violation with these terms and conditions. Removed content can be stored on a local server in case of legal obligations and retrieved based on a court order for the removed piece of content;
- Trybe Marketing is not responsible for pre-screening and/or monitoring any content posted on Our Service and Website by other users, however reserves the right to do so;
- As the internet is an open source, Trybe Marketing cannot be held responsible for the use of your content by third parties due to a security breach or because of the distribution of your content. You cannot claim any copyright on the content you upload to Our Service or to your social channels that stem directly from a Trybe with a brand
- Posting content is your own and sole responsibility. Trybe Marketing cannot be held legally responsible and/or liable in any way in case the content you post does not comply with these terms and conditions and/or applicable laws and/or regulations.
Service
Our Service consists of upholding a platform that is accessible for both brands and influencers where they can find each other. This service remains the property of Trybe Marketing at all time and will be licensed to use upon registration of an account. Whilst using Our Service and Website, Trybe Marketing has the right to:
- change, update, modify or take down Our Service and/or website and/or platform at any time, for any reason without notice;
- terminate your account and access to Our Service at any time, for any reason without notice. Content and data that has been stored in your account will not be accessible anymore by you, but may however still be accessible for the brands you’ve worked with and can be stored and retrieved upon request from an internal server. You ofcourse still have the right to request the removal of your personal data and information.
- to deny or cease access to Our Service for anyone, at any time without notice;
- You will not try to copy, claim, uncover or misuse the source code of Our Service and Website
- Even though Trybe Marketing will do its upmost best to keep Our Service and Website up and accessible, Our Service may be interrupted for maintenance, updates, server downtime or any telecommunication errors.
- Trybe Markting offers Our Service and Website on an “as is” base and does not make any representations or warranties in connection with the (a) service, the accessibility of the service or the service being error-free; (b) user content; user content being accessible, user content being error-free (c) Trybe Marketing’s own content. Trybe Marketing and all its directors, employees, partners and owners disclaim all warranties, express or implied, including and not limited to, the warranties of title, custom, trade, merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, error-free or uninterrupted operation and the freedom from computer viruses
Intellectual property
- The name and logo of Trybe Marketing may not be used, copied or imitated without the prior written permission of Trybe Marketing. All custom graphics, designs and scripts are property of Trybe Marketing and may not be used, copied or imitated without the prior written permission of Trybe Marketing
- Any content on the website used or posted by Trybe Marketing and Our Service that is written or manufactured by Trybe Marketing is protected by copyright and other laws and may not be copied, reproduced, displayed, distributed, sold or licensed;
- Copying, modifying or creating derivates of Our Service and Website is strictly forbidden and results in a violation of the rights of Trybe Marketing. Trybe Marketing reserves the right to prosecute and/or claim damages in the event of any violation or its intellectual property rights;
- In the event content posted by you, violates any intellectual property rights of third party and/or cause damages to a third party, Trybe Marketing will not be responsible for claims and/or any fees, fines or royalties and you agree to indemnify Trybe Marketing fully in that respect.
Limitation of Liability
- Trybe Marketing shall in not event be liable for any direct and indirect loss or damages, lost revenues or lost profits, and if allowed in your jurisdiction: injuries including death, arising out or related to the service, platform, user content, Trybe Marketing’s content or website, unless the damage was caused deliberately by Trybe Marketing or is the result of conscious recklessness by Trybe Marketing. Trybe Marketing will also not be liable for any errors in the operation of Our Service and Website or any damage caused by security breaches, viruses, tempering with Our Service and Website, network failure, loss of data, theft or destruction. By making use of Our Service and Website, you hereby indemnify Trybe Marketing for any and all claims in this respect.
- Any liability of Trybe Marketing is – for whatever cause and in any event – limited to a total amount of € 500,-. In no event will the total amount exceed € 500,- for all damages or losses.
- The above mentioned exoneration and/or limitation of any liability of Trybe Marketing also applies to employees of Trybe Marketing (if any) as well as any third parties used by Trybe Marketing.
Changes
- Deviations of these terms and conditions are only valid insofar confirmed in writing by Trybe Marketing.
- Trybe Marketing withholds the right to alter, change or terminate these terms and conditions at any moment without prior notice due to administrative or legal changes. For other changes, Trybe Marketing will always try to give a timely notice. In case you keep using Our Service and Website after you have been notified that the terms have changed, the changed terms will automatically apply and Trybe Marketing will presume you agree with the changed terms. Please review the terms and conditions every once in a while to keep updated on your rights and duties.
Jurisdiction and disputes
- The terms and conditions of Trybe Marketing have been made and are governed by and construed the laws of the Netherlands.
- In case these terms and conditions are not legal in your jurisdiction, Trybe Marketing reserves the right to withhold any or a part of the service, platform or website. This information is not intended for usage or distribution in any country or jurisdiction where usage would be in violation with the law in that country or jurisdiction.
- In case one or any part, line or topic in these terms and conditions becomes invalid in any regulation or jurisdiction, this will not affect the validity of the other parts, lines and topics in these terms and conditions.
- Any and all disputes that may occur between you or an entity that represents you and Trybe Marketing will be handled exclusively by the nearest available and competent courthouse that is closest to Tilburg, the Netherlands.
- In the event provisions in these terms and conditions turn out to be inherently contradictory, it is up to Trybe Marketing to decide which provision shall prevail.
- In the event of any conflict or inconsistency between the content of these terms and conditions and the content of a signed agreement between you and Trybe Marketing, the agreement shall prevail unless agreed upon otherwise in writing.
- Insofar you have terms and conditions of your own, the terms and conditions of Trybe Marketing shall in any event prevail, even in the event your terms and conditions should contain a clause that is similar to the underlying one.
Questions
In case you have a question regarding these terms and conditions, please contact us via hi@trybe.marketing.
Version: 22-01-2020
