These Terms of Use are entered into by and between you and Fan Space, LLC d/b/a Tribly (“Company“, “we” or “us“). The following terms and conditions (these “Terms of Use“), govern your access to and use of the websites, mobile applications, APIs, emails and other online products and services (collectively the “Services”) provided by us.
Please read these Terms of Use carefully before you start to use or access our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
By using or accessing our Services, you represent and warrant that:
If you do not meet all of the eligibility requirements, you must not access or use our Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, because the changes are binding on you.
We reserve the right to withdraw, update or amend our Services or materials in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services are unavailable at any time or for any period.
You are responsible for:
To access the Services, you may be required to create a Tribly account (an “Account”) and provide us with a username, password, and certain other information. It is a condition of your use that all the information you provide is correct, current, and complete. You agree that all information you provide to us is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Your Account information is confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide access to our Services, to any other person using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
You will not license, sell, or transfer your Account without our prior written approval.
We have the right to disable any Account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any third party’s websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content.
The Services may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any Content or information on the Services, including Your Content.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not use our Services:
Additionally, you agree not to:
Within our Services, it may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, contribute, publish, display or transmit to other users or other persons (all such actions, hereinafter, “post“) content or materials (collectively, “User Contributions“) on or throughout the Services.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By posting any User Contribution within the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the irrevocable, unrestricted right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you post, and you, not the Company, have sole responsibility for any such User Contribution, including its legality, reliability, accuracy and appropriateness. Your User Contributions may not involve commercial activities or promote any sales, such as contests, sweepstakes and other promotions, barter or advertising nor may you use them to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.
We are not, and will not be, responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other users of the Services, and you agree to defend, indemnify and hold harmless Company from all demands, claims, allegations, liabilities, actions, proceedings, causes of action and suits of every kind and character (“Claims“) and all losses, damages, awards, judgments, fines, penalties, expenses (including, without limitation, attorneys’ fees), costs and other detriments (“Losses“) arising from or related to your User Contributions posted by you.
The Interactive Services are grouped into private communities (a “Group”). Groups are managed and moderated by a user or users that have signed a separate Subscription Agreement with the Company (an “Artist”).
Artists are responsible for the tone and direction of the posts, User Contributions, and other uses of the Interactive Services within a Group. We are not responsible for the actions taken by an Artist nor the content they post.
The Company reserves the right, but has no obligation, to overturn any action or decision of an Artist, in its sole discretion, believes that such action or decision is not in the best interest of the Company or its Services.
We have the right at any time and without notice to you to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU HEREBY FOREVER WAIVE, AND RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS AND LOSSES RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted to the Services and cannot promise, ensure or guarantee prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction on our part regarding transmissions, communications or content provided by you, any user or a third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
These following content standards (“Content Standards“) apply to any and all User Contributions and all uses of Interactive Services. User Contributions must comply, in their entireties, with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must adhere to the following:
The information presented on or via our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or relating to any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
The Services includes content provided by third parties, including materials provided by other users, bloggers, third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these third party materials, and all third party articles, responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. Third party materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials posted to the Services provided by third parties.
All information we collect via the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
Our Services may provide certain social media features that enable you to:
You may use these features solely with respect to the content with which they are displayed and otherwise in accordance with any additional terms and conditions we may provide with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links in our sole discretion at any time without notice.
Any links to other sites and resources within our Services provided by third parties including links contained in advertisements such as banner advertisements and sponsored links, these links are provided for your convenience only. We have no control over the contents of the sites or resources to which the links are associated and accept no responsibility for them or for any Loss that may arise from your use of them. If you decide to access any of the third party websites linked within our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Our services were created based on United States law and are provided by an entity located within the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws with respect to such access.
All Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and proprietary rights laws.
These Terms of Use permit you to use our Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of or from, publicly display, publicly perform, republish, download, store, transmit, use for commercial purposes or charge third persons for access through your account to any of the material of our Services. If we provide social media features with certain content, you may take such actions as are enabled by such features.
You are not authorized to and may not:
The prohibitions set forth in the bullet-points above do not modify, supersede or limit any other statements of limited, restricted or prohibited use set forth elsewhere in these Terms of Use.
If you print, copy, modify, download or otherwise use, or provide access to any part of the Services to any other person in breach of the Terms of Use, your right to use the Services will cease immediately and you must return or destroy, at our option, any copies, summaries, extracts and compilations of any materials you have made. No rights, title or interests in or to the Services, any content from the Services or any intellectual property Company owns or has rights to use in connection with or arising from the Services is transferred to you, and all rights not expressly granted to you are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
The names Fan Space, LLC and Tribly, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans found in the Services are the trademarks of their respective owners.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or our Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY CLAIMS OR LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED WITHIN THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY MATERIALS OBTAINED ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR OR MATERIALS OBTAINED WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS/INFRASTRUCTURE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY MATERIALS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DISCLAIMER OR WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OFFICERS OR DIRECTORS BE LIABLE FOR CLAIMS OR LOSSES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT WITHIN THE SERVICES OR SUCH OTHER WEBSITES OR MATERIALS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH MAY INCLUDE PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER SUCH CLAIMS, LOSSES OR OTHER DAMAGES WERE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DISCLAIMER OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS AND LOSSES ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES, INCLUDING YOUR USER CONTRIBUTIONS, ANY USE OF THE SERVICES’ CONTENT, AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE OR YOUR USE OF ANY INFORMATION OBTAINED FROM THE SERVICES.
All matters relating to these Terms of Use and any dispute or Claim or Losses arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with the internal laws of the State of Mississippi without giving effect to any choice or conflict of law provision or rule (whether of the State of Mississippi or any other jurisdiction).
Any Claim arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Mississippi in each case located in the City of Brandon and County of Rankin although we retain the right to bring any Claim or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country in which you can be reached by legal process. You waive any and all objections to the exercise of jurisdiction over you by such courts or tribunals and to venue in such courts or tribunals, including the objection of inconvenient forum.
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition herein, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
For purposes of these Terms of Use, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms of Use as a whole. Unless the context otherwise requires, references herein: (i) to articles, sections, exhibits, schedules or attachments refer to the articles, sections, exhibits, schedules or attachments to or attached to, these Terms of Use; (ii) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (iii) to a Law means such Law as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. These Terms of Use shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. Any exhibits, schedules or attachments referred to herein shall be construed with, and as an integral part of, these Terms of Use to the same extent as if they were set forth verbatim herein.
The Terms of Use, our Privacy Policy, and Subscription Agreement (if applicable) constitute the sole and entire agreement between you and Fan Space, LLC d/b/a Tribly with respect to your access to or use of the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: notifications@tribly.fm
TRIBLY PRIVACY POLICY
This Privacy Policy (“Policy”) explains how Fan Space, LLC d/b/a Tribly, (“Company,” “we” or “us”) collects, uses, and discloses your information when you interact with us as a representative of another business, use our website and mobile applications, or otherwise interact with us (our “Services”). We also explain your data privacy rights and how you can exercise them
Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OUR SERVICES.
Last Updated:
6 February 2024
This Policy DOES NOT apply to information that:
This Policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
We collect information from and about users of our Services, including:
If you open an account with us or use our Services, we may ask you provide information:
This information may include:
You may provide information to be published or displayed (“Posted“) on public areas of our websites and applications (collectively, “User Contributions“). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons or used inappropriately.
You may scan a “QR Code” in order to activate a portion of the Services only accessed via the Code.
We may collect certain information automatically when you use the Services, including your details about your browser, operating system or device, (such as your MAC address, cookie identifiers, Internet protocol (IP) address, mobile advertising, and other unique identifiers, device ID, Internet service provider, mobile carrier, Internet service provider, location information (including inferred location based off of your IP address), actions that you take while using the Services, information about how you interact with the Services, including the frequency and duration of your activities, information about the links you click, and other information about how you use the Services.
Much of this information is collected through cookies, web beacons, and other tracking technologies, which may be operated by our partners who assist us in collect information about usage of the Services, serving ads, or providing other services to you
When you use our Services or their content, certain third parties may use automatic information collection technologies to collect information about you or your device.
The information they collect may be associated with your personal information, or they may use behavioral tracking to collect information about your online activities over time and across different websites, applications, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control third parties’ tracking technologies or how the information they collect may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We use information that we collect about you or that you provide to us, including any personal information, to:
The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction. In addition, we may disclose personal information that we collect or you provide:
We strive to provide you with choices regarding the handling of personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
You can review and change your personal information by accessing your account profile page.
You may also send us an e-mail at notifications@tribly.fm to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of our sites and applications like message boards. The information you share in public areas may be viewed by any user of our sites and applications.
Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot and do not guarantee the security of your personal information transmitted through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
We may update our Policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the Policy has been updated and notify you by e-mail, via a notification in your online Account and/or text message to the primary e-mail address and/or phone number specified in your account.
The date the Policy was last revised is identified at the top of this page. You are responsible for ensuring we have an up-to-date, active and deliverable e-mail address and/or phone number for you and for periodically reviewing the Policy to check for any changes.
To ask questions or comment about this Policy and our privacy practices, contact us at: