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This Agreement (the "Agreement") contains the exclusive terms and conditions between Tribecube srl, an Italian entity ("Tribecube" or "We") and you (and the organization you represent) ("You") and it governs your testing, evaluation and use of the Tribecube services, software and website to which Tribecube gives You access ("Services"). By accessing the Services You are consenting to be bound by and are becoming a party to the terms and conditions of this Agreement. If You do not agree to all of the terms of this Agreement, You must not access the Services.
To use Services You must accept the terms of this Agreement; register as a user of Services; and optionally install certain software on your computer or device. If You are under the age of 18, You shall not access, browse or use the Services, and by using the Services, You represent and warrant that You are at least 18 years of age.
The following are the terms and conditions for use of the Services and any related software. Please read them carefully. The term "User" in this Agreement refers to any person or entity that uses the Services.
1.1 Registration. You agree to provide Tribecube with ongoing, accurate, complete, and updated registration information.
1.2 User Account. When You register online to use Services, You will create a user account ("User Account") using your e-mail address or third-party social networks. You are entirely responsible for any and all activities conducted through your User Account. You agree to notify Tribecube immediately of any unauthorized use of your password or any of your User Accounts, or of any other breach of security. You may not select or use an user account of another person, or use a name or picture which violates any third party's trademark, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which Tribecube deems in its sole discretion to be vulgar or otherwise offensive. Tribecube reserves the right to delete any vulgar or otherwise offensive user account or picture, or to require deletion thereof.
1.3 Contact. Your User Account will be your main point of contact for Tribecube. Any notifications regarding Tribecube will be sent to the e-mail address registered with your User Account.
2.1 Software Covered by this Agreement. This Agreement covers the Tribecube software that You are accessing by means of a web browser or downloading to your computer or mobile device ("Device") to enable You to use Services and any other accompanying software (individually and collectively, the "Software").
2.2 License Grant and Restrictions. Subject to the terms and conditions of this Agreement, Tribecube grants You a nonexclusive license to run the Software on your Device, and to use the Services for the purpose of engaging in video-enabled collaboration sessions implemented through the Services operated by Tribecube.
2.3 Software Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary materials of Tribecube and its licensors. You may not and You agree not to, or to enable others to, copy (except as expressly permitted by this agreement), decompile, disassemble, reverse engineer or attempt to derive the source code of, or create derivative works of, or an installer for, the Software or any part thereof (except as expressly permitted by applicable law or by licensing terms governing the use of open-sourced components included with the Software). You may make one copy of the Software for backup purposes, solely for use with Tribecube products You have purchased or Services used by You; provided that any copies must include all copyright or other proprietary notices contained on the original. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, MEDICAL DEVICES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
2.4 Transfer. You may not and You agree not to, or to enable others to, sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Software or Services available to any third party.
2.5 Intellectual Property Rights. You acknowledge and agree that as between You and Tribecube, any and all copyright, moral rights, patent rights, and other intellectual property rights in the Software and Services are owned by Tribecube. You may not remove any copyright or other proprietary or product identification notices contained in or displayed by the Software, or contained in any written material which may relate to the Software. You also acknowledge and agree that the Software has been developed in part by, and may include software licensed by, third party licensors. If You violate any provisions of this Agreement, You may incur legal liability to Tribecube and/or any third party licensors.
2.6 Feedback. If You provide Tribecube any feedback, ideas, concepts or suggestions about the Services, business, technology or Software ("Feedback"), You grant Tribecube, without charge, the fully paid-up, irrevocable right and license to use, share, commercialize and otherwise fully exercise and exploit your Feedback and all related rights (and to allow others to do so) in any way and for any purpose. These rights survive termination of this Agreement in perpetuity.
2.7 Charges. To the extent any portion of the Services is made available for a fee, You will be required to select a payment plan and provide Tribecube accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Tribecube the amount that is specified in the applicable payment plan in accordance with the terms set forth in the Services and this Agreement, and You authorize Tribecube to bill your payment instrument in advance on a periodic basis in accordance with such terms. If You dispute any charges you must let Tribecube know within sixty (60) days after the date that Tribecube invoices You. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we do change prices, we will provide notice of the change on the Service and in email to You at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services.
2.8 Free Users. This Section 2.8 applies only to free users of the Services. Notwithstanding anything in this Agreement to the contrary, You agree that:
- Certain features may require You to upgrade to a paid version of the Services to enable certain features or use them beyond a specified limited amount;
- Tribecube may change the features of the Services at Tribecube discretion;
- Tribecube may deactivate or delete your account and any related data, information and files, and ban any further access to such data, information and files for any reason. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services or specific Service features without any liability. Tribecube may also automatically delete your Content after you stop using the Service or if you exceed a specified limited amount of storage space or bandwidth consumption.
2.9 Maintenance. From time to time, Tribecube may need to perform maintenance on the Services or upgrade the Software, or the underlying infrastructure that enables You to use the Software and the Services. This may require Tribecube to temporarily suspend or limit your use of some or all of the Software or Services until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Tribecube will publish the time and date of such suspension or limitation on the Tribecube website or inform You throug email in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software or Services.
2.10 Beta Services. Tribecube may offer you the opportunity to use and evaluate a "beta" version of the Services ("Beta Services") to get your evaluation and feedback ("Beta Feedback"). Beta Services may contain bugs, errors and other problems and you accept the Beta Services "AS-IS." We give you no warranty of any kind and are not responsible for any sort of problems or issues related to your use of a Beta Services. You may be required to provide Beta Feedback to use Beta Services. We make no representations, promises or guarantees that the Beta Services will ever be generally released. We may suspend or terminate access to the Beta Service and delete any Content or data on the Beta Service without any liability to you.
3.2 Tribecube reserves the right to display advertisements in the Software.
3.3 Tribecube reserves the right to use your Company name as a reference for marketing or promotional purposes on Tribecube website and in other communication. You may send an email to email@example.com stating that You do not wish to be used as a reference.
4.1The term "Content" includes all communications, text, files, audio, video, graphics, sounds, and any other material that You enter or upload into the Services (which may include data You elect to import from third party services). You may not use the Services or Software to transmit or store any Content which:
- harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person;
- includes sexually explicit images or other content which is offensive or harmful to minors;
- includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation;
- utilizes a false name or identity or a name or identity that You are not entitled or authorized to use;
- contains any unsolicited advertising, promotional materials, or other forms of solicitation;
- contains any virus, worm, Trojan horse, time bomb, cancelbot, or other destructive program;
- contravenes any application law or government regulation;
- violates any operating rule, regulation, procedure, policy or guideline of Services as published from time to time on the Tribecube website;
- may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right;
- sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Software or Services available to any third party;
- distributes software or other Content in violation of any license agreement; or;
- defaces Services.
4.2You acknowledge that Tribecube may or may not pre-screen Content, but that Tribecube and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. You acknowledge, consent and agree that Tribecube may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tribecube, its users and the public.
4.3If You witness any transmission of prohibited Content by others, Tribecube encourages You to contact customer service at http://www.tribecube.com/support.html
5.1You may access and use the Services only for lawful, authorized purposes and you shall not misuse the Services in any manner (as determined by Tribecube in its sole discretion). The following is a non-exhaustive list of practices outlining prohibited uses.
You may not use Services to:
- post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
- impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- publish or post other people's private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
- send unsolicited communications, promotions or advertisements, or spam;
- publish or link to malicious content intended to damage or disrupt another user's browser or computer or to compromise a user's privacy;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search the Services by any means other than our publicly supported interfaces;
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- attempt to gain unauthorized access to the Services, other User Accounts, computer systems or networks connected to Services, through password mining or any other means;
- perform communication patterns inconsistent with normal, individual subscription use, for example, use of video conferencing for home or children surveillance;
- use video conferencing in excess of your Tribecube plan or more than 3 hours per individual video conference.
5.2If Tribecube becomes aware that You are misusing the Services (as determined by Tribecube in its sole discretion), Tribecube may notify You. Tribecube shall also have the right to remove your Content and/or block your use of the Services. Such action may be immediate and without notice.
5.3Tribecube reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF SERVICES AND THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TRIBECUBE AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO SERVICES AND THE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRIBECUBE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SERVICES AND THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN SERVICES AND THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF SERVICES AND THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE TRIBECUBE SOFTWARE OR SERVICES WILL BE CORRECTED, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TRIBECUBE (INCLUDING SERVICES AND THE SOFTWARE) WILL MEET YOUR EXPECTATIONS. NO TRIBECUBE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS DISCLAIMER OF WARRANTY. Some jurisdictions do not allow exclusions of implied warranties or limitations on applicable statutory rights of consumers, so the above exclusions and limitations may not apply to You.
b. THE USE OF SERVICES AND THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
c. TRIBECUBE MAY OR MAY NOT MONITOR THE CONTENT WHICH YOU RECEIVE FROM OTHERS THROUGH THE SERVICES, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT CONTENT REGARDLESS IF SUCH CONTENT IS TRANSMITTED TO YOU IN BREACH OF THE TERMS OF THIS USER AGREEMENT. TRIBECUBE MAKES NO WARRANTY WITH RESPECT TO THE CONTENT YOU MAY RECEIVE THROUGH SERVICES.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL TRIBECUBE OR ITS LICENSORS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE, LICENSE OR USE OF, OR INABILITY TO USE ANY TRIBECUBE PRODUCT OR SERVICE (INCLUDING SERVICES AND THE SOFTWARE), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF TRIBECUBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL TRIBECUBE'S AND ITS LICENSORS' TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE TRIBECUBE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 8, THE TERM TRIBECUBE INCLUDES TRIBECUBE'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
9.1 In order for Tribecube to provide the Services to You, Tribecube requires that You grant Tribecube certain rights with respect to your Content. For example, we need to be able to transmit, store and copy your Content in order to display it to you and other Users, to index it so You are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this Agreement gives Tribecube the permission to do so and grants Tribecube any such rights necessary to provide the service to You, only for the purpose of providing the Services (and for no other purpose). This permission includes allowing Tribecube to use third-party service providers (such as Amazon Web Services) in the operation and administration of the Services and the rights granted to Tribecube are extended to these third parties to the degree necessary in order for the Services to be provided. These rights and permissions are terminated whenever You remove all or part of your Content from the Services. Tribecube claims no ownership over your Content.
9.2 Except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws. Applicable laws may prohibit You from making a copy of audio or video content through the Services without the permission of all parties to the conversation or participants in a video conference.
This Agreement is effective until terminated. Your only remedy with respect to any dissatisfaction with (i) Services and/or the Software, (ii) any Agreement term, (iii) any policy or practice of Tribecube in operating the Services, or (iv) Content transmitted through the Services, is to terminate your User Account.
You have the right to terminate your account at any time by contacting Tribecube. Tribecube also reserve the right to terminate your account and this Agreement at any time for any reason, or no reason, with or without notice. Upon termination of your account, Tribecube will have no obligation to maintain or provide your Content, and will delete or destroy all copies of your Content in their possession or control, in a reasonably expedient way, unless legally prohibited. However, all accrued rights to payment and all the provisions of paragraphs 2.5, 2.6, 6, 7, 8 and 12 will survive any termination of this Agreement.
Certain portions of the Software are not licensed under the terms of this Agreement, but are instead licensed under the terms of applicable open source licenses, including but not limited to the BSD License, Apache License or the Lesser GNU General Public License ("Open Source Components"). Your use of each Open Source Component is subject to the terms of each applicable license. You must agree to the terms of each such applicable license, or You should not use the Services and Software.
The Software and the Services are protected by Italian copyright law and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.
Last Modified: April 20, 2015
Sede Sociale: Via San Vittore 40 - 20123 Milano, Italia
VAT ID: 08531920968
Iscritta presso il Registro delle Imprese di Milano nr REA 2032591
Capitale sociale: Euro 20.000 i.v.
All traffic on Tribecube runs over industry-standard SSL/HTTPS for encrypted communication (256-bit AES, TLS 1.2, HMAC-SHA1).
Tribecube's physical infrastructure is hosted and managed within Amazon's secure data centers and utilize the Amazon Web Service (AWS) technology. Amazon continually manages risk and undergoes recurring assessments to ensure compliance with industry standards, including an SSAE 16 certification.
For more information on Amazon's security processes, please visit aws.amazon.com/security
Your files are stored in Amazon's S3 data storage service. For additional information see: https://aws.amazon.com/security . The Tribecube platform verifies that any user asking for a file is authorized to access the requested file. Tribecube server uses client-side encryption with 1024-bit RSA key pair when storing files on S3 platform. Some meta data about project files is stored in our database.
We use a database to store information about teams, users (such as email address or preferences), conversations and files (e.g., timestamps and file names). Conversations are obfuscated before being saved and decoded when sent to client over https.
This data is stored in a database hosted by MongoLab. More information about MongoLab's security can be found at docs.mongolab.com/security. Data is backed up and copies are stored at an off-site location for disaster recovery.
We do not store users' passwords anywhere in our system.
We are committed to making Tribecube consistently available to your teams. Our systems have built-in redundancy to withstand failures and are constantly monitored. You can always monitor our availability at our public status page here
Email us at firstname.lastname@example.org
Last Modified: October 12, 2015
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