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Terms and Conditions

By accessing or using the mPoweringAction.comwebsite, or any applications (including mobile applications) made available by Tribal Brands, Inc. (together, the "Website"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Website is owned or controlled by Tribal Brands, Inc. ("Tribal"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Website.

Terms

  1. You must be at least [13] years old to use the Website.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Website.
  3. You are responsible for any activity that occurs through your use of the Website. You represent that all information you provide or provided to Tribal upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other Tribal users.
  5. You are responsible for keeping your password secret and secure.
  6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Website, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  7. You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Website and your Content (defined below), including but not limited to, copyright laws.
  8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Website.
  9. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Tribal users.
  10. You must not use domain names or web URLs in your username without prior written consent from Tribal.
  11. You must not interfere or disrupt the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Tribal page is rendered or displayed in a user's browser or device.
  12. You must not create accounts with the Website through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  13. You must not attempt to restrict another user from using or enjoying the Website and you must not encourage or facilitate violations of these Terms of Use or any other Tribal terms.
  14. Violation of these Terms of Use may, in Tribal's sole discretion, result in termination of your access to the Website. You understand and agree that Tribal cannot and will not be responsible for the Content posted on the Website and you use the Website at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Tribal, we can stop providing all or part of the Website to you.
  15. We reserve the right to modify or terminate the Website.
  16. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  17. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Website, and that your use of the Website after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Website. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Website from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  18. We reserve the right to refuse access to the Website to anyone for any reason at any time.
  19. We reserve the right to force forfeiture of any username for any reason.
  20. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Use.
  21. You are solely responsible for your interaction with other users of the Website, whether online or offline. You agree that Tribal is not responsible or liable for the conduct of any user. Tribal reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  22. There may be links from the Website, or from communications you receive from the Website, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Website. The Website also includes third-party content that we do not control, maintain or endorse. Functionality on the Website may also permit interactions between the Website and a third-party web site or feature, including applications that connect the Website or your profile on the Website with a third-party web site or feature. For example, the Website may include a feature that enables you to share Content from the Website or your Content with a third party, which may be publicly posted on that third party's Website or application. You expressly acknowledge and agree that Tribal is in no way responsible or liable for any such third-party Websites or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Website or your profile on the Website with a third-party Website (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Website profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Website being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Tribal has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Tribal Parties (defined below) harmless for activity related to the Application.
  23. You agree that you are responsible for all data charges you incur through use of the Website.
  24. We prohibit crawling, scraping, caching or otherwise accessing any content on the Website via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Tribal's express consent).

Rights

  1. You hereby grant to Tribaland its licensees, agents, successors and assigns, including without limitation sponsors, participating brands, and the UN and its agencies and affiliated entities (collectively, .Participating Parties.), a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide and perpetual license to use the Content that you post on or through the Website, throughout the world, in any and all media and in perpetuity, to utilize any and all photographs, artwork, text, music and/or videos taken of or submitted and/or created by me in all media and manners and for any and all purposes. These rights extend to artwork, video, or music made with any application made available on the Website and/or through any other means by or on behalf of Tribaland/or any Participating Party and include without limitation the rights: (a) to use, reuse, publish and republish the same in whole or in part, individually or in conjunction with other photographs, film, television, videotapes, audiotapes, and digital media in any and all manner, media and all channels of distribution, (b) To use your name, image, photograph, likeness, and signature in connection with the Content, and/or (c) To post and share such Content on the Internet, via mobile transmission and in all other media as Tribal, the Participating Parties and/or their affiliates or assigns, sees fit. No advertisement or other material need be submitted to you for any further approval and you hereby waive any right to inspect or approve the finished photographs video, film, digital media, or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to you or unknown, and youwaive any right to any compensation arising from or related to the use of such material.
  2. Some of the Website may display sponsor identification (e.g. names of and/or promotion concerning brand sponsors of the Website, and/or concerning charitable, governmental or other organizations, initiatives or activities relating to the Website), and you hereby agree that Tribal may place such identification on the Website or on, about, or in conjunction with your Content. The manner, mode and extent of such identification and promotion are subject to change without specific notice to you.
  3. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
  4. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Website does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) the Content will not contain unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, would violate any proprietary right of any person or entity under copyright or otherwise, or otherwise violate any law,(iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Website; and (v) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  5. The Website contains content owned or licensed by Tribal ("Tribal Content"). Tribal Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Tribal,Tribal owns and retains all rights in the Tribal Content and the Website. You will not remove, alter or conceal any copyright, trademark, Website mark or other proprietary rights notices incorporated in or accompanying the Tribal Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Tribal Content.
  6. The Tribal name and logo are trademarks of Tribal, and the names and logos of Participating Parties are trademarks of the Participating Parties, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tribal. In addition, all page headers, custom graphics, button icons and scripts are Website marks, trademarks and/or trade dress of Tribal, and may not be copied, imitated or used, in whole or in part, without prior written permission from Tribal.
  7. Although it is Tribal's intention for the Website to be available as much as possible, there will be occasions when the Website may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Tribal reserves the right to remove any Content from the Website for any reason, without prior notice. Content removed from the Website may continue to be stored by Tribal, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Tribal encourages you to maintain your own backup of your Content. In other words, Tribal is not a backup Website and you agree that you will not rely on the Website for the purposes of Content backup or storage. Tribal will not be liable to you for any modification, suspension, or discontinuation of the Websites, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
  8. You agree that Tribal is not responsible for, and does not endorse, Content posted within the Website. Tribal does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  9. Except as otherwise described in the Website's Privacy Policy, available at mPoweringAction.com/privacy as between you and Tribal, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Tribal is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Tribal in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Tribal, and Tribal will not be liable for any use or disclosure of any Content you provide.
  10. It is Tribal's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Tribal does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Tribal is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and Websites, without any liability or payment of any kind to you.

Disclaimer of Warranties

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, TRIBAL CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER TRIBAL NOR ITS PARENT COMPANY, NOR THE UN OR ITS AGENCIES AND AFFILIATED ENTITIES, NOR ANY SPONSOR OR BRAND PARTICIPATING IN THE WEBSITE, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "TRIBAL PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE TRIBAL CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TRIBAL OR VIA THE WEBSITE. IN ADDITION, THE TRIBAL PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE TRIBAL PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE TRIBAL PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE TRIBAL PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE TRIBAL PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.

THE TRIBAL PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE TRIBAL PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE WEBSITE; (B) THE TRIBAL CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE TRIBAL PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE WEBSITE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE TRIBAL PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE). IN NO EVENT WILL THE TRIBAL PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TRIBAL PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF TRIBAL'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, WEBSITE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE TRIBAL PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, WEBSITE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE TRIBAL PARTIES.

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

TRIBAL IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Website) agree to defend (at Tribal's request), indemnify and hold the Tribal Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Website or those conducted on your behalf): (i) your Content or your access to or use of the Website; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Tribal in the defense of any claim. Tribal reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Tribal.
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