Terms and Conditions
Last updated: August [13], 2020
Please read these terms and conditions carefully before using Our Website.
Interpretation
The capitalized terms used herein have the meanings defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Country refers to: United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Tribu Powered by LAFS or Tribu 252 Hampton Ln, Key Biscayne, FL 33149
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website, desktop and app.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to the website of Tribu, accessible from www.tribubylafs.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions 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 and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Terms of Use:
*Memberships are for individual use only and cannot be transferred to other friends or family members. You are responsable for keeping your password secret and secure. Tribu is allowed to cancel your membership at anytime if we discover someone sharing a membership or using someone else’s name.
*Tribu aims to provide a safe place for our community, we will not tolerate any posts with violence, nudity, partial nudity, discrimination, unlawful, infringing, hateful, pornographic or sexually suggestive.
*You agree to not defame, stalk, bully, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information in Tribu.
* Violation of these terms of use may, in Tribu’s sole discretion result in termination of your account.
* Memberships are non-refundable.
Outgoing Links & Third-Party Content
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company 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 the Company 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 the 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.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our users, visitors or others. You agree that we are not responsible for others’ (including other users’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news.
Intellectual Property & License
The Company reserves all intellectual property rights in the Services and all audiovisual material uploaded by the Company to the Website or delivered through any other means to You. The Company trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of the Company. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.
As between You and the Company, You own the content and information that you submit or post to the Services, and You are granting the Company, our affiliates and related third parties a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that You upload, publish or provide through our Services, without any further consent, notice and/or compensation to You.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use and Conditions. Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 25 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Certain States do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Certain jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 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, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us: By email: [email protected]
TRIBU – Privacy Policy - Users
This Privacy Policy is edited by TRIBU.
The Company offers a platform TRIBU (hereafter, the “Platform”) to its users which have subscribed on the Platform and as such have a user account (hereafter, the “Users”). The Platform is available at the following url address https://tribubylafs.com/.
The Company uses a solution called “Hivebrite”, which enables the import and export of user lists and data, the management of content and events, the organization of emailing campaigns and opportunity research and sharing as well as the management of funds and contributions of any kind.
In this regard, as data controller, the Company is particularly aware and sensitive with regard to the respect of its Users privacy and personal data protection. The Company commits to ensure the compliance of the processing it carries out as data controller in accordance with the applicable provisions of the “Loi n°78-17 dated January 6, 1978, relative à l’informatique, aux fichiers et aux libertés” and the EU Regulation EU 2016/679 regarding data protection dated April 27, 2016.
In order to do so, the Company has put in place an appropriate privacy policy which guarantees an optimal level of protection of its Users’ data.
This privacy policy is intended for the Users of the Platform of the Company.
ARTICLE 1. COLLECTED PERSONAL DATA
1.1 When subscribing on the Platform
When subscribing on the Platform, the User is informed that its following personal data is collected. The User commits to only provide accurate, exhaustive, and regularly updated data regarding its identity, its content and any information in general. Under no circumstances shall the Company be liable for any data that is illegal contrary to public order provisions.
In the event the User does not consent to the collection of the above-mentioned date, it shall be informed that it cannot have access to the Platform.
1.2 During the use of the Platform
The User may validly publish, at its own initiative, any content on the Platform which shall be kept by the Company. The User commits not to publish any content which contains, including but not limited to, any
remarks/images/pictures, contrary to application legislation and regulations, to public order and good morals, or affecting the rights of third parties, including but not limited to:
In any event, Hivebrite shall not be liable for the content, accuracy, or up-to-date state of the information freely published by the User.
The User consents that, following the publication of the content, its information will become public on the Platform and that as such, same information will be published, modified, translated, reproduced in any form and accessible, saved and reproduced by other Users and the Company.
In most cases, Users post contents without previous moderation from the Company. The Company does not alter the content or information of the User, except under exceptional circumstances. The Company reserves its right to freely delete or amend the content or information of the User, without prejudice to the Users. In the case of delivery of content on the Platform which is contravenes with the present privacy policy, applicable law or the rights of third parties, any person can inform the Company of the existence of such Content at the following address: [email protected].
The User is informed that the Company does not collect any particularly sensitive data within the meaning of applicable legislation and regulations.
1.3 Cookie data
The Company informs the User that Hivebrite, as well as its subcontractors, uses a tracking technology on its terminal such as cookies whenever the User navigates on the Platform.
A cookie is a message that, subject to the User settings, is sent to its terminal when the User navigates on a website. The aim is to collect data regarding the internet navigation of the User to send tailor-made services to its terminal (computer, mobile phone or tablet).
The cookies that are sent to the User’s terminal are detailed under Article 2 of the present privacy policy.
The purpose of the process of the data collected through the cookies and the settings of such processing is detailed under article 9 of the present privacy policy.
ARTICLE 2. THE PURPOSE OF THE DATA PROCESSING
The Company and its subcontractors collect, process and host personal data that are freely transferred by the User when accessing the services proposed by the Platform.
The Company only collects and processes the User’s personal data for the purpose for the optimal implementation and use of the Platform that is put at its disposal.
ARTICLE 3. USER’S CONSENT TO THE COLLECTION OF DATA
The Company informs the User that no personal data within the meaning of applicable legislation and regulations shall be collected without the prior explicit consent of the User.
The User expresses its consent upon its subscription on the Platform, and after having been able to consult the present privacy policy.
The Company and its subcontractors commit to a lawful and fair collection of the User’s data, in full transparency and in compliance with the rights conferred to the User pursuant to applicable legislation and regulations.
ARTICLE 4. LENGHT OF DATA RETENTION
The Company informs the User that the data is retained only during the length of the User’s subscription on the Platform.
In accordance with application legislation, cookie data will be automatically deleted thirteen (13) months following their placing on the User’s terminal.
Finally, the data regarding the identification of the Users in case of exercise of their rights pursuant to Article 6 of the present privacy policy shall be retained for (i) one (1) year in case of exercise of their access or rectification rights and (ii) three (3) years in case of exercise of their opposition right.
ARTICLE 5. OBLIGATIONS OF THE COMPANY
As data controller and in accordance with applicable legislation and regulations, the Company commits to:
ARTICLE 6. EXERCISE OF THE USERS’ RIGHTS
The User is duly informed that it disposes at any time, meaning prior to, during or following the processing of data, to a right to access, copy, rectify, oppose, port, limit and delete its data.
In addition, in the event the User considers that its rights have not been respected, the User of which the personal data is collected can file a reclamation before the competent supervisory authority. For any additional information, you can review your rights on the websites of the competent authorities.
The competent supervisory authorities are listed on the following website: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
ARTICLE 7. HOSTING OF THE USERS’ PERSONAL DATA
The personal data collected by the Company is hosted by the following service providers:
Host
Microsoft Azure Cloud
Privacy policy:
https://azure.microsoft.com/es-es/blog/protecting-privacy-in-microsoft-azure-gdpr-azure-policy-updates/
AmazonAWS
Privacy policy:
https://aws.amazon.com/compliance/gdpr-center/
Nature of the hosting
Hosting of all data and content produced / provided by the User, as well as images, profile pictures and backups
ARTICLE 8. DATA BREACH
In case of breach of its systems, or theft, deletion, loss, alteration, disclosure, unauthorized access, or any other malicious act, the Company commits, in the event the said breach presents a serious risk regarding the rights and freedoms of the Users, to notify the Users, within a period of seventy two (72) hours as of the occurrence of the breach, of (i) the nature of the breach, (ii) the probable consequences of the malicious act, (iii) the appropriate measures proposed to remedy the malicious act.
The malicious act presenting a serious risk regarding the rights and freedoms of the Users shall be notified to the competent supervisory authority.
The User is duly informed that the Company shall not be liable in case of breach of IT security which can cause damages to computer equipment, as well as in case of breach or malicious act by a third party targeting the system or the Platform.
ARTICLE 9. COOKIE MANAGEMENT CONFIGURATION AND OTHER DATA
The User’s consent is requested through a banner at the bottom of the Platform homepage.
In case of consent, the User’s internet navigator shall automatically transmit to the Company the data collected and detailed under Article 1.2.
The User is informed that the cookies and trackers will be automatically deleted following a period of thirteen (13) months.
The User may at all times configure its navigator in order to prevent the creation of cookie files. However, certain functionalities of the services proposed by the Platform may not function properly without cookies. In addition, even if most navigators are configured by default and accept the creation of cookie files, the User has the possibility to choose to accept the creation of all cookies other than the functional cookies or to systematically decline them or to choose the cookies it accepts depending on the issuer by configuring the following settings:
• Internet Explorer:
• Firefox:
• Safari:
• Google Chrome:
In order to configure the data settings, please find below the recommendations of the Company:
Data collected for the following purposes:
Settings
Data collected for the following purposes:
Settings
Data collected for the following purposes:
Settings
Data collected for the following purposes:
Settings
Data collected for the following purposes:
Settings
ARTICLE 10. PERSONS AUTHORIZED TO ACCESS THE USERS’ DATA
The data of the Users are accessible only to the persons duly authorized to do so by the Company for administrative or maintenance purposes of the Platform to the exclusion of any commercial use, and if applicable, in order to enforce the rights exercised by the Users regarding their data (in particular the right to access, rectify, oppose, port and to be forgotten).
The Company informs the User that, outside of hosting and payment services, it uses the following subcontractor:
Especially in light of any future developments of the applicable legislation and regulations, the Company reserves its right to proceed with any modification of its privacy policy and commits to duly inform you if any such modification occurs.
Date of privacy policy: December 2020.