Date: March 2011
The Tribesports website (the website) is owned and operated by Starshipsports Limited trading as ‘Tribesports’ (Tribesports) a company incorporated in England whose registered address is Unit 104, 37 Cremer Street, London, E2 8HD and whose company number is 07121275. This is the user agreement that governs your use of this website and the provision of the services we provide you. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these website terms at any time without further notice. If we do this, we will post the changes to these website terms on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the website after any such changes constitutes your acceptance of the new website terms. It is your responsibility to regularly check the website to determine if there have been changes to these website terms and to review such changes. Please the take time to read these terms as it is important for both of us that you understand our contractual relationship both relating to your use of our website and the services we provide you.
Before using any of the services, please read carefully the following terms and conditions of use. By accessing, browsing and/or using the services, a user acknowledges that he or she has read, understood, and agrees to be bound by all consents and disclosures set forth in the Tribesports terms and conditions of use, including any future modifications to the Tribesports terms and conditions of use, and identified affiliated agreements, guidelines and policies (collectively, the “agreement”). If a user does not consent to the agreement, then Tribesports requires that such user cease using the services immediately.
Tribesports services are available for individuals aged 13 years or older. If a user is 13 or older but under the age of 18, then such user agrees to review the agreement with his or her parent(s) or guardian(s) to ensure that both the user and parent(s) or guardian(s) understand and consent to the agreement and that the user and his or her parent(s) or guardian(s) review and accept the agreement on the user’s behalf through the Tribesports registration process. If the reader of the agreement is a parent or guardian entering this agreement for the benefit of a child over 14, then he or she agrees and accepts full responsibility for his or her child’s use of Tribesports and the services, including all financial charges and legal liability that such child may incur.
By using Tribesports or the services, a user therefore agrees, represents and warrants that:
- He or she is 13 years or older but under the age of 18 and he or she has reviewed and consented to the agreement with his or her parents per the protocol set forth above; or
- He or she is 18 years or older; and has consented to and agreed to the agreement; and.
- He or she has received consent from his or her physician to participate in any programs, workouts, exercises, or any other fitness or health related activity provided by Tribesports or displayed as content on its affiliated websites-
The agreement constitutes a binding contract between users and Tribesports.
All users acknowledge and agree that Tribesports has offered the services, and entered into the agreement in reliance upon the warranty disclaimers and the limitations of liability set forth below. Users further acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in the agreement reflect a reasonable and fair allocation of risk between users and Tribesports, and that the warranty disclaimers and the limitations of liability set forth in the agreement form an essential basis of the bargain between the users and Tribesports. Tribesports would not be able to provide the Tribesports services to users on an economically reasonable basis without these limitations and disclaimers.
1.Specific terms relating to the purchase of a product
a. When we advertise a product for sale, (for example, if you have used our search capabilities to search for a product), we are not offering to sell that product. Instead, we are inviting you to make an offer to buy the product from the third party supplier who is advertising that product on our site.
What that also means is that the final contract for the product itself will be between you and that supplier. Not between you and us. There is a difference between the advertising services we provide (which involves the service of searching for the products) and the actual purchase of the product. Although you don’t pay us (we get paid by receiving commission from our suppliers) the price you will pay will be the same as if you went to the suppliers direct.
In most cases this will mean that there are additional terms and conditions governing the contract for the purchase of the product as each supplier will have bespoke terms and conditions relating to the sale of its product. These will include terms relating to payment, delivery, returns etc.
Please make sure that you have read these terms and conditions before completing your transaction. All relevant terms and conditions will be available to you on the suppliers’ site through to which you will link once you a ready to buy.
As we act as a mere advertiser this will mean that we have no contractual liability to you in respect of the purchase of a product. If there is a problem with the product then typically your contractual remedy will be against the supplier, not us. However, we may still be liable to you if we have been in breach of these terms, have been negligent, we have misrepresented important information or have been in breach of any other relevant law.
b. Tribesports uses sophisticated technology in both running its website and in sourcing the product. Very occasionally there may be times when obvious errors occur, for example when a price, product, service or other detail displayed or presented on the website is incorrect. In this case we reserve the right to cancel (or agree an amendment with you in respect of) any contract if it has been entered into and it contains this mistake. This, of course, will be without any liability to you.
2.Specific terms relating to the Tribesports community
a. Whenever you make use of a feature that allows you to upload material and/ or add content to our website, or to make contact with other users of our website, you must comply with the content standards set out in our acceptable use policy.
You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material and/or add content you upload or to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
Specifically by posting user content to any part of the site, you automatically grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide licence (with the right to sublicence) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing. You acknowledge that we may retain archived copies of your user content.
We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.
We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
When using our website, you must comply with the provisions of our acceptable use policy.
c. It is important that all the information you give us when you register as a member or otherwise when you use the website is correct. This includes, without limit, ensuring that we have your correct contact (including e-mail) details at all times.
d. We treat the security and method of processing your personal data very seriously.
3.General Terms relating to website use
The following terms apply to your general use of our website:
a. Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice (see below). We will not be liable if for any reason our website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our website.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.
b. We are the owner or the licensee of all intellectual property rights in our website, and, save for our users content (where we are licensee), in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
c. Commentary and other materials posted on our website are not intended to amount to definitive advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
d. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
e. The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Tribesports content does not constitute medical advice. Should a user have any healthcare related questions, he or she should contact his or her physician or other healthcare provider promptly and in advance of his or her use of Tribesports and the services. Any Tribesports content, including all text, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by Tribesports or by other users or third parties is not intended to be and should not be used in place of (a) the advice of a physician or other medical professional, (b) a visit, call or consultation with a physician or other medical professional, or (c) information contained on or in any product packaging or label.
A user therefore should never disregard medical advice or delay in seeking medical advice because of any Tribesports content and a user should not employ content for diagnosing or treating a health problem.
Further, the transmission and receipt of Tribesports content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Tribesports and a user.
Tribesports requires that a user consults with his or her physician before he or she uses Tribesports or the services, undertakes to follow any training instructions he or she receives via Tribesports or its affiliated websites- Tribesports.com - or participates in any event or challenge announced by Tribesports, or the affiliated websites. Tribesports is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. Tribesports is not intended to be a substitute for professional medical advice, diagnosis, or treatment. A user should understand that when participating in any exercise or exercise program or challenge, there is the possibility of physical injury and or death.
A user should never disregard medical advice or delay in seeking it because of something he or she has read on Tribesports or its affiliated websites- Tribesports.com. Tribesports is not responsible for any health problems that may result from training programs, products, or events a user learns about through Tribesports. If a user engages in any exercise program he or she receives via Tribesports or its affiliated websites- Tribesports.com -said user agrees that he or she does so at his or her own personal risk, is voluntarily participating in these activities, assumes all risk of injury to himself or herself, and agrees to release and discharge Tribesports from any and all claims or causes of action, known or unknown, arising out of his or her use of that exercise program.
Not all types of physical activity are suitable for everyone. Accordingly, before a user he or she uses Tribesports or the services, undertakes to follow any training instructions he or she receives via Tribesports or its affiliated websites– affiliated websites -Tribesports.com - or participates in any event announced by Tribesports, or the affiliated websites, he or she should obtain permission from his or her physician to engage in vigorous exercise.
You should be aware that posts to Challenges, Tribes or other public forums are not limited by your privacy settings, and therefore you should be aware that this information can be accessed by the public (including not logged in, registered members), and could therefore in turn be used to send you unsolicited communications. This guidance should inform you of appropriate information you are willing to disclose.
If you take part in any meet ups, events or challenges that are location based, you should ensure that you take appropriate precautions to safeguard your safety. Particular caution should be exercised should you choose to meet another Tribesports member or members.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
f. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage 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 our website or to your downloading of any material posted on it, or on any website linked to it.
g. You may link to our home page, 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 where none exists.
You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our website other than that set out above, please address your request to email@example.com.
h. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.