LEGAL MENTIONS
ICE ENTERTAINMENT - TRIBO PLATFORM
TERMS OF USE
Welcome to our Platform!
ICE Entertainment (hereinafter “Tribo”) provides a simple and quick means for entities who are event organizers, companies offering services to end-consumers, hotels or restaurants, sport or wellness studios, media producers etc. (hereinafter “Organizers”) to create a trusted place for their events and services to users who wish to join the event, book tickets, join the community (hereinafter “Users”).
We are committed to maintaining the trust and confidence of our visitors to our Platform.
USE OF THE PLATFORM
These Terms of Use apply to you as an Organizer and/or their appointed administrative user (hereinafter “Host”), responsible for leading Organizer’s chosen digital community, maintaining the media and other content on behalf of the Organizer. Your (Host’s) access and use of our platform, website or other application operated by Tribo or run on third party’s platforms by Tribo (the “Platform”) are governed by these Terms of Use and you must accept them.
You (Organizer and/or Host) and Tribo are referred separately and collectively as Parties hereinafter.
We reserve the right to update these Terms of Use from time to time for legal or regulatory reasons or to allow the proper operation of the Platform.
COPYRIGHT AND INTELLECTUAL PROPERTY
Tribo grants you a personal, non-exclusive, non-transferable, revocable right to access and use the Platform for the purposes of (a) browsing, viewing, registering for, selling/purchasing tickets or making a booking; and/or (b) creating a profile, an event registration and other pages with respect to and promoting, managing, and collecting sales; and (ii) to the extent permitted under all applicable laws.
You own your data. Tribo will not use or process your data for any other purpose outside of the Platform without your prior consent, received either in writing or confirmed by the respective means of the Platform (e.g. confirmation buttons)
Tribo owns it’s services and related intellectual property rights
All copyright, trademarks and other intellectual property rights in all text, images and other materials on the Platform are the property of Tribo, are used with permission or are linked to third party platforms. No reproduction may be modified nor sold or used for commercial purposes.
Other information (such as files, media, images, text) which you may have access to on the Platform is the sole responsibility of the source from which such content originated, such as the Users or the Organizers. Tribo does not warrant that Organizer’s use of any content displayed on the Platform will not infringe rights of third parties.
You also warrant the ownership for any submission on the Platform or have obtained permission to share (e.g. pictures depicting other persons). You also agree that Tribo is allowed to re-use Users’ submission free of compensation.
YOUR RIGHTS AND RESPONSIBILITIES
You as a Host either represent yourself or another entity (Organizer) and act as a technical leader of the digital community, responsible for the curation and organization of the media, management of the users and their accounts
You act as the first line of support for the users of your digital community
You must comply and ensure that your users comply with the conditions of these Terms of Use.
You will make sure that services are not used by anyone under the age of 16.
You are solely responsible for providing high speed internet service for your users to access and use the Services.
YOUR ACCOUNT AND CONTENT
You are responsible for ensuring that the personal/company data provided on the Platform is true, accurate and current and the users’ passwords are kept confidential.
If Your company data and/or users’ personal data change or if a user wishes to cancel own account, you will notify Tribo by contacting at info@triboapp.com.
Tribo reserves the right to refuse service and/or terminate accounts without prior notice if you or your user violated these Terms or if Tribo decided it would be in Tribo’s best interests to do so.
You and your users must not submit Content: (i) that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; (ii) that contains any viruses and/or other code that has contaminating or destructive elements; or (iii) impersonates or misrepresents an affiliation with any person or entity.
Tribo does not pre-screen or actively moderate Content, but Tribo and its designees reserve the right (but not the obligation) in their sole discretion to refuse, edit, modify or remove any Content that is available via the Service. If you and/or your users have any complaints regarding another user’s Content, you will report your concern via the app or contact info@triboapp.com
Specifically, Tribo may, but have no obligation to, remove and/or modify Content and/or terminate Accounts containing Content that Tribo determined in Tribo’s sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any third party’s intellectual property or this Agreement.
You and your users must not (i) upload, post, host, or transmit unsolicited email, SMSs, or ‘spam’ messages or (ii) transmit any worms or viruses or any code of a destructive nature.
TRIBO’S RIGHTS AND RESPONSIBILITIES
Tribo will ensure, that services of the Platform are available to you and your users, in accordance with the Service Level Agreement (SLA), discussed in the p.6
Tribo will act as the second line of support for you: to fix the bugs and perform deep administrative tasks, not reflected in the standard Platform functionality. Tribo will not be interacting with individual users and provide first line support services by default (subject for special agreement).
Tribo maybe auditing the conduct of yours and your Users for the compliance purposes, but has no obligation to do it.
Tribo is not responsible for the content or any user data or the ways you choose to use the Platform.
If Tribo believes that your certain actions or content are violating the conditions of this Agreement, in most of the cases, Tribo will ask you to take corrective action. However, in some urgent high-risk cases Tribo may take removal/blockage action itself.
Tribo welcomes feedback on user experience with it’s services. Tribo reserves the right to edit User’s or Organizer’s testimonials for length, spelling, etc., and to post yours or your users’ testimonials and comments in e-mails, presentations, pitches and other marketing materials.
Tribo shall have no liability or any responsibility whatsoever for any direct, indirect, or punitive damages, costs, or liabilities arising out of yours and/or your users’ access to, use, or inability to use the Platform.
SERVICE LEVEL AGREEMENT
Tribo will use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week, excluding planned downtime
Although Tribo aims to offer the best service possible, Tribo makes no promise that the services at the Platform will meet all yours and your users’ requirements, that the services will be fault-free, or that the Platform will be available at all times.
Tribo provides by default only second-level support for you. This support will conclude mostly bug fixing and assistance with complex issues, related to the administration of the Platform, deep administrative tasks, not reflected in the standard Platform functionality. Tribo’s support should be consumed on the fair play basis and won’t include new feature development, customizations and white label implementations.
Tribo provides no first level support to the users of the Platform by default. It is your sole responsibility to arrange first-level support for your users and respond to their inquiries.
Tribo may organize chargeable or free of charge first level support for you if needed. First-level support must be subject to a separate Agreement. Please send an e-mail to info@triboapp.com in such a case.
Tribo provides support during European business hours (9:00-18:00 GMT+1). Tribo may organize additional time zone coverage or 24/7 support line for you in case of need – subject of an additional Agreement, please write to info@triboapp.com.
Tribo is committing to react within 24hrs on every support request from you. If bug has been reported on existing feature and confirmed by Tribo’s development team, Tribo commits to produce a fix within a reasonable time and include it in one of the next releases depending on agreed priority.
Tribo welcomes new feature suggestions from Users and Hosts, although reserves the right to approve or reject them without informing those submitted the suggestions.
As a service to its visitors, the Platform may contain hypertext links leading to other sites that are not operated or controlled by Tribo. Tribo shall not be considered as responsible for these sites and declines all responsibility in relation to their content, accuracy or functions.
Tribo shall have no liability or any responsibility whatsoever for any direct, indirect, or punitive damages, costs, or liabilities arising out of yours and your users’ access to, use, or inability to use the Platform.
DISCRETION AND CONFIDENTIALITY
Confidential Information means all non-public and proprietary information relating to a Party’s or its affiliates, or to any of such Party’s or its affiliates' employees, officers, directors, partners, shareholders, agents, attorneys, accountants or advisors (collectively, “Representatives”), products, services, trade secrets, technical information, marketing plans, recruitment processes, customers, personnel information, engineering, manufacturing and financial data, business forecasts and strategies, transactions, computer programs, manuals, source code, object code, hardware, devices, technical drawings and algorithms, supplier or potential supplier names, customer or potential customer names, business contacts, employee and contractor information, knowhow, formulae, methods of doing business, proprietary processes, ideas, inventions, (whether patentable or not), schematics and other technical, business, client and product development plans, forecasts, strategies and information), and all notes, analyses, compilations, reports, forecasts, studies, samples, data, statistics, summaries, interpretations and other materials prepared by or for a Party or its Representatives that contain, are based on, or otherwise reflect or are derived from, in whole or in part, any of the foregoing that is disclosed to a Party (the “Receiving Party”), by the other Party (the “Disclosing Party”) whether orally, in writing, by demonstration, or by any other manner.
The parties acknowledge that by virtue of this Agreement, each Party may have access to the other Party’s Confidential Information. Each Party agrees that it will:
(i) not make use of the Disclosing Party’s Confidential Information except as may be permitted by this Agreement or as may be permitted in writing by the Disclosing Party;(ii) not make the Confidential Information of the Disclosing Party available in any form to any third Party, except as may be permitted by this Agreement or as may be permitted in writing by the Disclosing Party;
(iii) take all reasonable steps to insure that Confidential Information of the Disclosing Party is not used, disclosed or distributed by its Representatives in violation of the provisions of this Agreement;
Each Party agrees that the unauthorized disclosure or use of the Disclosing Party’s Confidential Information will cause irreparable harm and significant injury to the Disclosing Party for which there will be no adequate remedy at law. Accordingly, each Party consents to the other Party obtaining equitable relief in the event such Party breaches its confidentiality obligations hereunder.
The provisions of this Section 7.2 shall survive for a period of 2 (two) years after termination of this Agreement, provided, however, that to the extent a Receiving Party has disclosed information that constitutes a trade secret under applicable law; the Disclosing Party agrees to protect such trade secret for so long as the information qualifies as a trade secret under applicable law, if such period exceeds 2 (two) years. During such period, each Receiving Party will (a) hold all Confidential Information of the Disclosing Party in strict trust and confidence, (b) refrain from using or permitting third parties to use such Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement, (c) refrain from disclosing or permitting third parties to disclose any such Confidential Information to any third party without obtaining the Disclosing Party’s express prior written consent on a case-by-case basis, and (d) limit access to the Confidential Information to employees or agents of the Receiving Party who have a reasonable need to have such access in connection with the performance of the Services.
Exceptions. The obligations set forth in Section 7.2 will not apply with respect to any Confidential Information that: (a) was lawfully in the Receiving Party’s possession prior to the Disclosing Party’s first disclosure to the Receiving Party, (b) a third party rightfully disclosed to the Receiving Party free of any confidentiality duties or obligations, (c) is, or through no act, omission or fault of the Receiving Party has become, generally available to the public, or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
Legal Exceptions. If the Receiving Party becomes legally obligated to disclose Confidential Information by any governmental entity with jurisdiction over it, the Receiving Party will give the Disclosing Party prompt written notice to allow the Disclosing Party to seek a protective order or other appropriate remedy. Such notice must include, without limitation, identification of the information to be so disclosed and a copy of the order. The Receiving Party will disclose only such information as is legally required and will use its reasonable best efforts to obtain confidential treatment for any Confidential Information that is so disclosed.
Return. Upon the Disclosing Party’s request and upon any termination or expiration of this Agreement, the Receiving Party will promptly (a) return to the Disclosing Party or, if so directed by the Disclosing Party, destroy all tangible embodiments of the Confidential Information (in every form and medium), (b) permanently erase all electronic files containing or summarizing any Confidential Information, and (c) certify to the Disclosing Party in writing that the Receiving Party has fully complied with the foregoing obligations.
Cooperation. Each Receiving Party will notify and cooperate with the Disclosing Party in enforcing the Disclosing Party's rights if the Receiving Party becomes aware of a threatened or actual violation of the Disclosing Party's confidentiality requirements by a third party. Upon reasonable request by the Disclosing Party, the Receiving Party will provide copies of the confidentiality agreements entered into with its agents or independent contractors, which shall be no less restrictive than the confidentiality obligations between Parties provided for in this Agreement.
Use of General Knowledge. The term “general knowledge” means information in non-tangible form, which may be retained by a person who has had access to information at least with the same degree of protection as applicable under this Agreement no less than a reasonable degree of care. Nothing in this Agreement shall limit or restrict Parties from use or transfer General Knowledge to the third parties.
INDEMNIFICATION
By Tribo. Tribo will indemnify and hold harmless you and your affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorneys’ and expert witnesses’ costs and fees) arising from or relating to any third party claim caused by (a) intentional misconduct of Tribo or any of its employees, agents, or subcontractors in performing the services of running the Platform, (b) the alleged breach of any intellectual property right of a third party as contemplated in this Agreement, or (c) any claim based on misconduct of Tribo’s personnel performing work pursuant to this Agreement. Tribo shall not be required under this Section 8.1 to defend, indemnify or hold harmless any Indemnified Party for loss or liability resulting from any willful misconduct or gross negligence on your part.
By You. You will indemnify and hold harmless Tribo and its affiliates, employees, and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorneys’ and expert witnesses’ costs and fees) arising from or relating to any third party claim caused by (a) intentional misconduct of you or any of its employees, agents, or subcontractors, users in connection with the use of Platform, or (b) the alleged breach of any intellectual property right of a third party by Tribo’s use as contemplated under this Agreement of any materials provided by you and/or your employees, agents, subcontractors or users to Tribo in connection with the Services of running the Platform. You shall not be required under this Section 8.2 to defend, indemnify or hold harmless any Indemnified Party for loss or liability resulting from any willful misconduct or gross negligence of Tribo.
Procedures. In the event of any third-party claim, demand, suit, or action (a “Claim”) for which an indemnified party (or any of its affiliates, employees, or agents) is or may be entitled to indemnification hereunder, such indemnified party may, at its option, require the indemnifying party to defend such Claim at such indemnifying party’s sole expense. The indemnifying party may not agree to settle any such Claim without the indemnified party’s express prior written consent. Without limiting the foregoing, the indemnified party shall be permitted, at its own expense, to participate in the defense of any claim under this Agreement by counsel of its own choice.
LIMITATION OF LIABILITY
OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER ORGANIZER’S OR THE TRIBO’S EXTENDED FAMILY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE USER TERMS (WHETHER IN AGREEMENT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY ORGANIZER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT ORGANIZER’S PAYMENT OBLIGATIONS UNDER THE P.2 SECTION ABOVE
IN NO EVENT WILL EITHER ORGANIZER OR ANY MEMBER OF THE TRIBO EXTENDED FAMILY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN AGREEMENT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
FORCE MAJEURE
Neither Tribo nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
MISCELLANEOUS
Should a clause or any component of this agreement become invalid, the validity of the remaining clauses or the agreement as a whole remains unaffected. If for any reason it should not be possible to implement any component of this agreement in the way in which it is agreed, the parties shall endeavour to agree upon an equivalent alternative. The validity of the agreement as a whole remains unaffected.
These Terms of Use shall be governed by Swiss law and any dispute or claim relating to the Platform shall be brought before the Courts of Geneva, Switzerland.
This Platform is operated by ICE Entertainment SA, boulevard Georges Favon 8, 1202 Geneva, Switzerland. If you have any questions regarding these Terms of Use, please contact us by email at info@triboapp.com or write to us at the address mentioned above.
ICE Entertainment 2021