Personal Data and Privacy
1. Acceptance of Terms – General
1.2 You agree that TL may modify and amend this TOU & Notices at any time, provided that such modification and amendment shall be made known to you on the Website. All such modifications and amendments are hereby incorporated by reference into the TOU & Notices. You are responsible for reviewing the TOU & Notices posted on the Website. Your continued use of the Website after any modification or amendment shall indicate your agreement with the terms of the TOU & Notices.
1.3 You can access the Website home page and browse the Website without disclosing your personal data. The service and links of the Website may include links to third party websites and are subject to Clause 6 herein.
1.4 Owing to the global nature of the internet infrastructure, the information you provide may be transferred in transit to countries that do not have similar protection regarding your data and its use as set out in this terms and conditions. By submitting your information you consent to these transfers.
“Content” means any and all content (including linear and non-linear programming) which includes without limitation all forms of text, graphics video, audio, files, data, images, photographs, pictures, logos, video clips, video streaming, news, live feeds and information on demand content and User Generated Content made available on or through the Tribe Service.
“TL”, “we”, “us” or “our” means Tribe Limited (Hong Kong Company Number: 2348596), having its registered address at 7th Floor, Ruttonjee House, 11 Duddell Street, Central, Hong Kong, which has been licensed the right to operate and manage the Website and the Tribe App.
“TL Group” means TL and any person or entity controlling, controlled by, or under common control with TL. “Control” means ownership of shares carrying fifty percent (50%) or more of the votes exercisable at a general meeting (or its equivalent) of a company.
“TL Membership” means a membership account which retains all personal and non-confidential information pertaining to registered members of the Website and allows registered members to participate in ongoing contests on the Website.
“Device” means mobile phones, smart phones, electronic tablet or similar device.
“Tribe App” means the software programme managed and/or operated by TL and is designed to run on the Device for you to access the Tribe Service, made available on the application distribution platform such as Apple App Store and Google Play and/or through any other different distribution platform, whether known now or in the future.
"Tribe Service" means the service in which you are provided with access to the Content over the Internet via the Tribe App.
“User Generated Content” means any uploaded material, data shared, or contribution made such as text, links, photographs, graphics, video or audio or other data or information Posted by a user.
"Website" shall mean the online portal www.tribenow.tv which is managed and/or operated by TL, providing a venue/platform to the users of the Website to learn more about the Tribe Service.
"You/you" and "Your/your" means the individual who is accessing and/or using the Website.
Headings are for convenience only and shall not in any way affect the interpretation and construction of this TOU & Notices.
Words imparting the singular shall include the plural and vice versa.
Words importing a gender shall include every gender.
References to any person shall include an individual, company, corporation, firm or partnership.
Where any reference is made to reservation of a right in favour of TL, the exercise of such right shall be unfettered and at the sole and absolute discretion of TL without the need for TL to assign any reason thereto.
No rule of construction shall apply to the detriment of a party by reason of the fact that a party had control over the drafting of this TOU & Notices.
2. Registration, Use and Security
2.1 To be a registered member of the Website, you must provide the information required in the TL Membership registration form. You will need to provide a unique password and e-mail address upon completing the TL Membership registration process. You are responsible for maintaining the confidentiality of the password and e-mail address, and are fully responsible for all activities that occur under your password or e-mail address whether or not actually or expressly authorized and/or used by you.
2.2 TL reserves the right to terminate any dormant TL Membership that has not been used for a period of six months or longer.
2.3 Information on the Website may contain technical inaccuracies or typographical errors. Information may be changed or updated, provided that the changes or update to such information on the Website shall be made known to you on the Website. TL may also make improvements and/or changes to the Website including to the published fees and rates for the Tribe Service, at any time, provided that the improvements and/or changes to the Website shall be made known to you on the Website.
2.4 You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the TL Membership registration form and (b) maintain and promptly update such registration data to keep it accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if TL suspects that such information is untrue, inaccurate, not current or incomplete, TL has the right to suspend or terminate your TL Membership and refuse any and all current or future use of the Website (or any part thereof).
2.5 The Website may not be available to all devices which connect to the Internet. You assume all responsibility regarding the end-user equipment and software necessary to access the Website and assume all risk associated therewith.
2.6 The Website may not be available to be accessed from all regions and countries of the world. TL reserves the right, in its sole discretion, to limit or terminate your ability to access the Website from certain regions or countries, and you assume all risk associated with the accessibility of the Website from any given region or country of the world.
2.7 TL reserves the right to limit or prohibit your entry into the Website in its sole discretion.
3. Your Conduct
3.1 You agree to use the Website only for lawful purposes and in accordance with this TOU & Notices.
3.2 You agree to (a) notify TL immediately of any unauthorized use or any other breach of security, and (b) ensure that you exit from your TL Membership at the end of each session.
3.3 Your TL Membership is not transferable and may not be assigned to any third party. The Website is provided to you for internal, personal use by you only. You may not allow any other person to: (a) resell, timeshare, sublicense, or otherwise transfer all or any portion of the Website to any other party; or (b) make commercial use of the Website without the express written consent of TL.
3.4 You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your communication through the Website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding on-line communication in the country in which you reside.
3.5 You may not use the Website in any manner that could damage, disable, overburden, or impair the Website (or the network(s) connected to the Website) or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website and other TL Memberships, computer systems or networks connected to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
3.6 You agree to be responsible for payment of (i) registration or subscription fees (where applicable), (ii) the charges for the Tribe Service and (iii) any charges that TL may stipulate from time to time and all applicable charges incurred as a result of your use of the Website, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.
3.7 You will not post or transmit through the Website any defamatory, harmful, obscene, threatening, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or inconvenience. You must not express opinions that are crude, racist sexist, vulgar, or otherwise offensive. Always treat other users with respect.
3.8 You will not post or otherwise make available on the Website any material, which you do not own without the express permission of the owner of the material.
3.9 You will not broadcast, copy, download, frame, reproduce, republish, transmit in any manner whatsoever, any material on the Website except as is strictly necessary for your own personal non-commercial home use.
3.10 You will abide by the specific rules of any competition or promotion that you participate in on or via the Website. Unless we tell you otherwise, all prize draws and competitions offered via the Website are not open to anyone outside Indonesia.
3.11 You will not do anything that affects the operability or security of the Website or causes unreasonable inconvenience or offence or disruption to our staff.
4. Termination / Access Restriction
4.1 You may terminate and close your TL Membership by e-mailing TL at firstname.lastname@example.org
from the e-mail address provided by you the time you opened your TL Membership and created your e-mail address. Your e-mail must specify your e-mail address, and expressly state that you wish to terminate your TL Membership.
4.2 Without limiting anything herein contained, TL reserves the right to terminate the Website and your use of the TL Membership at any time without notice and for any reason.
4.3 In addition to any termination rights TL may have under this TOU & Notices, TL may suspend or terminate your TL Membership and access to the Website without notice and in its sole discretion if:
TL, at its sole discretion ceases to offer any free, trial, or promotional services, but such termination or suspension shall solely relate to such services.
For inactivity, which is defined as failing to log into your TL Membership for an extended period of time, as specified in Clause 2.2 above.
TL suspects fraudulent use (Fraudulent use of an account may include but is not limited to: (a) permitting access to your e-mail address and password to third parties, or (b) entering invalid or apparently invalid user information for your TL Membership, or (c) attempting to register for free, trial, or promotional offers under several aliases or with different user information to circumvent any one-trial-per-user limitation) of the Website and/or your TL Membership.
You materially violate this TOU or any Notice posted from time to time on the Website, any applicable law, rule or regulation relating to the use of the Website.
Any law, regulation, or governmental action renders all or any portion of the Website unlawful or impracticable.
Your use of your TL Membership or the Website impairs or threatens to impair the integrity or functionality of the TL network in any manner.
If TL believes that you have violated or acted inconsistently with the letter or spirit of this TOU & Notices.
5. Disclaimer & Limitation of Liability
5.1 The Website may not meet your requirement and may not be secure, timely, uninterrupted or error free, and any data, content, information, software or other material accessible on or through the Website or your TL Membership may not be true, accurate, or are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. All use of the Website is at your own risk.
5.2 The Website is not intended for "mission critical" circumstances and is provided on an "as is," where is" and "as available" basis, without warranties of any kind, express or implied, including, but not limited to warranties of title, quiet enjoyment, non-infringement or implied warranties of merchantability or fitness for a particular purpose.
5.3 If you are dissatisfied with the Website, the materials available on or through the Website or with the provisions of this TOU & Notices, you agree that your sole and exclusive remedy is to discontinue using Website or any of TL's other products and services.
5.4 TL will take reasonable measures to maintain the privacy and security of all private information provided by you to the Website, but third parties (such as hackers) may breach or attempt to breach TL's security measures or may gain unauthorized access to the TL database or other equipment containing your information.
6. Links to Third Parties
6.2 Any dealings with third parties (including advertisers) over the Linked Websites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser, merchant or other third party. The purchase of any product or service from a merchant from a Linked Website is a transaction solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant.
7. Disclosure and Confidentiality
7.2 Any non-personal information or material sent to TL by you will generally NOT be treated as confidential.
8. Proprietory Rights
8.1 The Website, all images, text, graphics, logos, sound, programs and any other material ("Website Content") found on the Website are protected by trademark, copyright, or other intellectual property laws and international treaties. Any commercial use of the Website and Website Content found on the Website is strictly prohibited, without TL's express and prior written consent. Any reproduction or redistribution of the Website Content found on the Website, not in accordance with the TOU & Notices herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
8.2 Elements of the Website, its design and layout are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
8.3 No logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by TL.
GRANT OF LICENSE AND RESTRICTIONS
8.4 You acknowledge and agree that the Website and any necessary software used in connection with the Website ("the Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. TL reserves all rights in the not expressly granted herein, including without limitation ownership and proprietary rights.
8.5 The Software is made available for downloading solely for use by you for your individual, non-transferable, non-exclusive and non-commercial use, use in connection with the Website. The Software is made available solely for use by you in accordance with the terms of this TOU & Notices and the terms of any end user license agreement ("License Agreement") which accompanies or is included with the Software. You may not install or use any part of the Software unless you first agree to the terms of this TOU & Notices and any License Agreement.
The Software is "in use" on a computer when it is loaded into the temporary memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
8.6 You may not copy the Software to any other server or location for further reproduction or redistribution. You may not reverse engineer, decompile, disassemble or modify the Software, except insofar as such restriction is prohibited by law.
8.7 Any reproduction or redistribution of the Software not in accordance with this TOU & Notices and any License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
8.8 Without limiting the provisions of Clause 5 above, the Software is provided "as is," and TL hereby disclaims all warranties and conditions with regard to the Software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
TRADEMARKS AND THIRD PARTY MATERIALS
8.9 TL reserves all rights in its corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively "Marks") and nothing in this TOU & Notices grants you the license to use such Marks. Additionally, other marks which appear on this site may be marks of third parties that are not affiliated with TL. TL and the TL Group do not control or endorse the content of third party websites.
9. User Generated Content
9.1 User Generated Content are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Generated Content are made available on an “as is” basis, and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under this TOU & Notices.
9.3 You also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the access and/or use of the Website, and to use such User Generated Content only as permitted through the functionality of the Website as detailed in Clause 3 only under this TOU & Notices.
9.4 You understand and agree that we may retain and store, but not display, distribute, or perform, server copies of User Generated Content that have been removed or deleted. The above licenses granted to us, by you in User Generated Content are irrevocable.
9.5 Further to the foregoing paragraph, by submitting your User Generated Content on the Website, you warrant that:-
- your User Generated Content is your own original work or have the necessary license, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the provision of the Website and this TOU & Notices and that you have the right to make it available to us for all the purposes specified above;
- your User Generated Content is not defamatory;
- your User Generated Content does not infringe any law;
- you shall be solely responsible for your own User Generated Content and the consequences of Posting or publishing them;
- you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post material and to grant us all of the license rights granted herein;
- you shall indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the above warranty; and
- waive any moral rights in your User Generated Content for the purposes of its submission to and publication on the Website and the purposes specified above.
9.6 You understand that whether or not such User Generated Content is Posted, we do not guarantee any confidentiality with respect to any User Generated Content.
9.7 We do not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content. We do not permit activities which will infringe any intellectual property rights including copyright and we will remove all infringing contents and User Generated Content upon notification that such content or User Generated Content infringes on another’s intellectual property rights. We further reserve the right to remove content and User Generated Content without prior notice as stated in this TOU & Notices.
9.8 You understand and agree that we may review and delete any User Generated Content that you Posted on the Website at any time without notice, without liability and for any reason whatsoever, and/or that we, in our sole judgment, believe (1) violates this TOU & Notices, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other user.
9.9 Below is a partial list of the kind of User Generated Content that is illegal or prohibited on the Website. Posting of any of this User Generated Content by you may, in our sole discretion, result in the revocation, suspension and/or termination of your use and/or access of our Website. In addition, we reserve the right to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting such violators to the appropriate legal authorities. Prohibited User Generated Content includes, but is not limited to, User Generated Content which, in our sole judgment:
- is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
- includes any information that (i) you know is false or misleading, (ii) promotes illegal activities or conduct that is abusive, or (iii) is threatening, obscene, defamatory, or libelous;
- constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (i) pirated computer programs or links to them, (ii) information which circumvents manufacturer-installed copy-protect devices, (iii) pirated music, images, or video, or links to pirated music, image, or video files, or (iv) content which otherwise violates the terms of Clause 3;
- displays pornographic or sexually explicit material of any kind
- includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personally identifying information for commercial or unlawful purposes from other users;
- constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, or advertising;
- solicit people you don't know to add you or accept you as a friend on the Website; or
- solicit and engages in political discussions.
Even though all of the above User Generated Content is strictly prohibited, there is a small chance that you might become exposed to such items while using and/or accessing our Website.
9.10 Further restrictions on your use and/or access of our Website:
- You must use and/or access our Website in a manner consistent with any and all applicable laws and regulations.
- Although we cannot monitor your conduct, it is a violation of this TOU & Notices to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any other user without the prior explicit consent of such user and TL.
9.11 Copyright Protection Policy. If you believe that your work has been copied and Posted on the Website, without your permission or in any other way that constitutes copyright infringement or if you have any form of complaint or grievances in relation to the User Generated Content Posted, please contact us at the addresses provided in the Website.
9.12 User Disputes. You are solely responsible for your interactions with other user(s). We reserve the right, although we have no obligation, to monitor disputes between you and other user(s), and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this TOU & Notices, including the termination of the membership of one or more user(s).
10. TL Mobile Services
10.1 The Website Content provided on the TL Mobile Services are provided by TL and/or its content providers and includes without limitation messages, files, data, images, photographs, software, ring tones, pictures, logos, video clips, video streaming, live feeds, information on demand content (e.g. information about health, lifestyle, astrology etc.) and games that you may download or stream to your mobile device, personal media player, mobile gaming device or personal computer which is equipped with the necessary functions or applications to support the Website Content to be downloaded or streamed. We advise you to check with your respective mobile phone operator or Internet service provider on whether your device can support or is compatible to download, view and stream the Website Content.
10.2 You agree that you will be subject to an additional premium charges for any mobile downloads or streaming services made available on the TL Mobile Services. Such charges shall be made known to you on the TL Mobile Services from time to time. You will be charged accordingly with the charges for the downloads or streaming when a request is made even if the download or streaming is incomplete
10.3 The charges stipulated in Clause 10.2 will be in addition to the standard fee charged by your mobile phone operator.
10.4 There may be a delay and/or failure in receiving and sending a SMS/MMS as a result of any network, communication or system error, interruption and/or failure experienced by the participating mobile phone operators and/or by TL and/or resulting from participation or the downloading of any materials from the TL Mobile Services.
10.5 You agree that for the mobile downloads to be downloaded successfully to your mobile phone, your mobile phone must be compatible with and supports the downloaded item. Mobile phone compatibility information is provided on the TL Mobile Services, you are advised to read carefully before downloading any item. The charges stated in Clause 10.2 above shall still apply should you attempt to download an item onto an incompatible mobile phone and you agree to that.
10.6 If you are under the age of eighteen (18), you must seek parental and/or guardian approval before downloading the mobile downloads from the TL Mobile Services.
11.1 This TOU & Notices are governed by the laws of Indonesia, without reference to conflict of laws principles. Any dispute between you and TL regarding this TOU & Notices will be subject to the exclusive jurisdiction of the courts located in Indonesia and you expressly waive all defenses to jurisdiction. You agree that the Website shall, for the purpose of determining jurisdiction and applicable law, be deemed to have originated and been provided by TL in and from Indonesia.
11.2 This TOU & Notices contain the entire understanding between the parties hereto with respect to the Website, and supersedes all previous oral or written agreements or understandings between you and TL, and no advice or information, whether oral or written, obtained by you from this Website (whether before or after the date you accept this TOU & Notices) shall create any obligation or warranty on the part of TL not expressly stated herein. You may also be subject to additional terms and conditions that may apply when you use any services offered by the TL Group, third-party content or third-party software. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TOU & Notices.
11.3 TL's performance of this TOU & Notices is subject to existing laws and legal process, and nothing contained in this TOU & Notices is in derogation of TL's right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by TL with respect to such use.
11.4 If any provision of this TOU & Notices is held invalid, the remainder of this TOU & Notices will continue in full force and effect, and If any provision(s) of the TOU & Notices is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. This TOU & Notices shall not be construed against any party as the principal draftsperson hereof. A printed version of this TOU & Notices and of any notice given in electronic form shall be admissible in judicial or administrative proceedings.
11.5 TL's failure to insist upon or enforce strict performance of any provision of this TOU & Notices shall not be construed as a waiver of any provision or right unless acknowledged and agreed to by TL in writing.
11.6 Notices to you shall not be modified, except by an express modification by TL as described herein and may be made via email, regular mail or by displaying notices or links to notices to you generally on the Website.
11.7 Notices to you shall not be modified, except by an express modification by TL as described herein and may be made via email, regular mail or by displaying notices or links to notices to you generally on the Website.
11.8 You may not assert any claim against TL in connection with the Website unless you have given TL written notice of the claim within fourteen (14) days after you knew or should have known of the facts giving rise to such claim. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
11.9 Nothing in this TOU & Notices shall create or be deemed to create a partnership, joint venture or an agency relationship between you and TL.
11.10 TL may assign its rights and duties under this TOU to any party at any time without notice to you and this TOU shall be binding upon and inure to the benefit of each party's respective permitted successors and assignees.
11.11 In the event of any inconsistency or different interpretation between the Indonesian and English versions of this TOU & Notices, the English version will prevail and the Indonesian version is deemed to be automatically amended to conform to the relevant English version.
Should you have any questions concerning this TOU, or if you desire to contact TL for any reason, please e-mail us at email@example.com