TRIBA | SPACE

TRIBA | SPACE

WeTriba Terms of Conditions (Beta)

1. General

1.1 – These Terms of Use shall apply to all contractual relationships of WeTriba GmbH & Co. KG, (hereinafter referred to as: WeTriba) with the user hereinafter referred to as: User) of WeTriba's Services (hereinafter referred to as: Tribaspace or Services) to be accessed on WeTriba's website www.tribaspace.com, many of which are available after registration (Sec. 4).
1.2 – Tribaspace is a platform for the fashion industry, PR, press and other related businesses. Access and use of Services is exclusively provided to entrepreneurs (Unternehmer) (within the meaning of Section 14 of the German Civil Code, BGB), a legal person constituted under public law (juristische Person des öffentlichen Rechts) or a public sector funding company (öffentlich-rechtliches Sondervermögen).Terms of Use shall apply to a User who is one of the aforementioned.
1.3 – These Terms of Use shall be exclusively applicable. Any general terms and conditions of the User that depart from, conflict with or supplement these Terms of Use shall form part of the contract only if and to the extent that the WeTriba has expressly consented to the validity of such.
1.4 – Part of these Terms of Use is the Wetriba Privacy Policy which can be accessed here.


2. Definitions

2.1 – Basic BrandSpace shall mean the Tribaspace web pages as described here with the function to submit Listings to the Stream.
2.2 – Company Profile shall mean Tribaspace web pages as described here.
2.3 – Embedded Sites shall mean Tribaspace micro sites in the look and feel of a User's company or the company which User represents.
2.4 – Event Listing shall mean listings on TribaSpace submitted by users.
2.5 – Invitation shall have the meaning given in Section 6.2 of these Terms of Use.
2.6 – Minimum Term shall mean the applicable minimum term of the Paid Service ordered by the User.
2.7 – News shall mean information distributed via Tribaspace as described here.
2.8 – Notice Period shall mean the applicable notice period to cancel the auto renewal of the term of the Paid Service ordered by the User.
2.9 – Paid Service shall have the meaning given in Section 5.1 of these Terms of Use.
2.10 – Press BrandSpace shall mean restricted Tribaspace web pages as described here with the News function to submit News to the Stream, have private presentations, press downloads and view statistics on who has visited the BrandSpace.
2.11 – Stream shall mean the Stream which features the Event Listings and News.
2.12 – Sales BrandSpace shall mean restricted Tribaspace web pages as described here on which users can sell their products and services on their own behalf.
2.13 –Space shall mean one or more of the following: Basic BrandSpace, Press BrandSpace, Company Profile and/or Sales BrandSpace.
2.1 – Widget shall mean an element of a graphical user interface that displays information or provides a specific way for a User to interact with the operating system and application, embedded on User's website, either in the look and feel of User's company (or the company represented by User) or in the look and feel of Tribaspace.


3. Access to and use of TribaSpace

3.1 – In order to access and interact with Tribaspace, User must be able to operate and maintain the necessary software and hardware, including, without limitation, web browser software and appropriate communications infrastructure.
3.2 – Acquiring, installing, maintaining and operating any software and hardware needed to do so is solely User's responsibility. WeTriba is in no way responsible or liable for User's access to the internet, including without limitation any connection speed issues, bandwidth or latency-related problems that may affect User's ability to access and use the Tribaspace.
3.3 – User agrees not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, de-compile, or dissemble any aspect of Tribaspace, including, but not limited to, to copy third party content posted in Press and Sales BrandSpaces. .
3.4 – User shall not violate or attempt to violate the security of the Tribaspace or attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures. User shall not attempt to interfere with the Tribaspace to any client, host or network, including, without limitation, via means of submitting a virus to the Tribaspace, overloading, "flooding", "spamming", "mail bombing" or "crashing" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment Actual or attempted unauthorized use of the Tribaspace may result in criminal and/or civil prosecution.
3.5 – Tribaspace may be used only for lawful purposes by Users. In particular but without limitations. User shall not:


4. Registered Users

4.1 – A registered User is provided with a log in ID and corresponding self elected account password (hereinafter referred to as: Login Information) to access the Services which require a log in. A registered User will bind his employees accordingly in order to ensure that only designated personnel authorized by the User will use the Login Information to access and use the Services which require a log in. All entitled personnel must register individually by name and must be entitled to represent the User with legal effect.
4.2 – User will also ensure that the Login Information is kept strictly confidential at all times in order to ensure that unauthorized individuals cannot access the Services which require a log in.
4.3 – If WeTriba has reasons to believe that the Login Information is being used by unauthorized individuals, WeTriba will suspend User's account until the resolution of the issue.


5. Paid Services

5.1 – WeTriba offers certain paid services (herein referred as Paid Services). The current list of Paid Services, their features and corresponding fees can be found at any time under the WeTriba Pricing-Sheet. WeTriba reserves the right to adjust the fees and payment conditions for future use. Before User selects an activity which incurs any fee, the User will be alerted by a pop-up and has to accept-click the respective activity.
5.2 – Unless pre payment [Please place here a link to Paypal/Credit card options] is required or made, invoices shall be payable in full within 14 days. The User of Paid Services shall be in default of payment upon expiry of such payment period. Interest shall be payable on the fees due for the duration of the default at a rate of 8 percent above the base rate (Basiszinssatz), subject to a minimum of 12 percent p.a.
5.3 – WeTriba reserves the right to assert claims in respect of default losses in excess of such interest. This shall be without prejudice to the WeTriba's right to claim commercial default interest (kaufmännischer Fälligkeitszins) from business persons (Kaufleute) (Section 353 of the German Commercial Code, HGB).
5.4 – User acknowledges that there will be no refunds for any services not used but ordered by the User.
5.5 – Client is only entitled to offset receivables (if any) due from WeTriba against amounts payable to WeTriba if these receivables are undisputed or are recognized by a final declaratory judgment. The same shall apply accordingly to the right of retention, which may only be exercised effectively if the Client's counterclaim is based on the same contractual relationship.


6. Invitations

6.1 – Subject to functionality Users can (insofar as authorized) invite third parties to Tribaspace and/or assorted BrandSpaces.
6.2 – Any Invitations to third parties to Tribaspace, an Event Listing or assorted BrandSpaces (hereinafter referred to as: Invitation) may not be used for spam or other illegal activity. User warrants that before any Invitation to an invitee is made (a) User has to ensure that the invitee consents with Invitation and (b) invitee is a person in accordance with Section 1.2 of these Terms of Use or an authorized representative of such person.
6.3 – Invitations are made at User's own risk. This also applies to Invitations to restricted BrandSpaces (e.g. Press BrandSpace). User is aware that any confidential material he displays on a restricted (i.e. not public) BrandSpace, may be viewed by third parties which have access to an Invitation.
6.4 – Any personal data which User receives by third parties (including but not limited to names and e-mail addresses submitted for Event Listing guest lists) must be treated in accordance with applicable data protection law. When in doubt, personal data must be deleted without delay after the intended use of their submission has expired.


7. Materials Submitted by User; Embedded Sites; Widgets

7.1 – By submitting/uploading the content for Tribaspace (including but not limited to trademarks, images, photos or information for the Spaces or News) User grants WeTriba during the term (up until one month after termination/expiration of these Terms of Use) the non-royalty-bearing, non-exclusive, worldwide and sub-licensable right to use, change and make the content publicly available (in particular to copy, store, to format as may be required for its use) in connection with the Tribaspace. This includes (unless the images in question are exclusively intended for a restricted BrandSpace) the right to make screen shots for the functionalities of Tribaspace.
7.2 – WeTriba retains the right whether it publishes the submitted content or not.
7.3 – Subject to the approval of WeTriba User can embed the Stream into the User's look and feel (e.g. Stream in the look and feel of User's company). User grants WeTriba for the duration of the display of the Embedded Site and/or the Widget the non-royalty-bearing, non-exclusive, worldwide and sub-licensable right to use, change and make the User's materials which are used for the Embedded Site and/or the Widget publicly available (in particular to copy, store, to format as may be required for its use) in connection with the Tribaspace.


8. Scope of Wetriba's Liability

8.1 – WeTriba will take measures to ensure a high availability of its servers. However, it is not possible to guarantee an uninterrupted availability. WeTriba will not be liable for any damages resulting from server downtime which is necessary to maintain the servers and their functionality.
8.2 – WeTriba does provide the Services which are free of charge (e.g. the Basic BrandSpace), “as is”. WeTriba, therefore, does not assume any further liability.
8.3 – WeTriba does not ensure the correctness of the information posted by other Users and/or third parties on Tribaspace, including but not limited to the materials on the Spaces. WeTriba does not endeavour to check whether the information is current, accurate and complete or fulfil any requirements imposed by law or any professional body
8.4 – For the avoidance of doubt, WeTriba shall be liable for fatal or physical injuries, damage to health and in accordance with the regulations of the law on product liability in the case of deliberate acts or gross negligence.
8.5 – If a fundamental contractual obligation (key obligation, i.e. the provision of Paid Services) has been breached, where WeTriba has acted slightly negligently, WeTriba is only liable where and insofar the losses incurred are foreseeable and typical within the context of the business in question.
8.6 – WeTriba shall not be liable for more extensive losses. In particular, WeTriba shall not be liable for initial defects, unless the prerequisites set out in Sections 8.4 and 8.5 apply.
8.7 – Liability for loss of data is limited to the typical effort required to restore the data which would exist where backup copies had been produced regularly and in line with the risks involved.
8.8 – The limitations to liability set out above shall also apply to personal liability of agents, employees and representatives of WeTriba by means of protective effective effect to such third parties.


9. User's Representations and Warranties / Indemification

9.1 – User represents and warrants that User and the personnel registering on behalf of the User are authorized to enter into these Terms of Use on behalf of the User (or the company which User represents), use the Services and comply with the terms of these Terms of Use.
9.2 – The User is responsible for ensuring that all materials and information which are provided to WeTriba is current, accurate and complete and will bind its personnel accordingly. This applies also to the information submitted by Users receiving Invitations..
9.3 – User further represents and warrants that no material, information and content which is uploaded or submitted otherwise by User (and User's personnel) onto Tribaspace or which is used for his Embedded Site


9.4 – User further represents and warrants that neither he nor his personnel will copy or misappropriate any trade secrets of others, including but not limited to non-public information displayed in the restricted BrandSpaces.
9.5 – User agrees to fully and effectively indemnify, defend, and hold harmless WeTriba and WeTriba's representatives, employees or vicarious agents from any and all claims including reasonable legal fees that arise out of User's use of the WeTriba, including but not limited to:


10. Term and Termination

10.1 – These Terms of Use commences upon User's use of WeTriba. User may terminate the Agreement by ceasing the use of WeTriba and (if he is a registered User) deleting User's WeTriba account at any time.
10.2 – In the case of termination and/or expiry of these Terms of Use WeTriba will deactivate User's settings and all data received during User's use of the Tribaspace (if any).
10.3 – WeTriba may terminate these Terms of Use with immediate effect or suspend the provision of the Services (including Paid Services) by giving notice to User at any time after User is in material breach of these Terms of Use, or provisions of the Privacy Policy and either such breach is not capable of remedy or, if the breach is capable of remedy, remains unremedied for 10 days following the date of notice to remedy.
10.4 – Unless terminated earlier under Section 10.3 User may use the Paid Services for the term he has paid for those services. The term of the Paid Services is the applicable Minimum Term which renews automatically unless terminated by the User within the applicable Notice Period by giving a termination notice under [link]. 10.5 – The obligation to indemnify WeTriba (Section 9.4 of these Terms of Use) shall survive the expiration/termination of these Terms of Use.


11. General Provisions

11.1 – User is only entitled to transfer and/or assign the rights and obligations arising from or in relation to these Terms of Use to a third Party with the prior written approval of WeTriba.
11.2 – Without prejudice to the provisions of these Terms of Use, amendments and additions to these Terms of Use shall be in writing. This shall also apply to the amendment or cancellation of this clause.
11.3 – The sole venue for all disputes arising directly or indirectly out of or in connection with the contract shall be WeTriba's place of business. However, WeTriba may also bring an action at the general place of jurisdiction of the User.
11.4 – Legal relations existing in connection with these Terms of Use shall be exclusively governed by German substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The requirements and effects of the retention of title agreed above shall be governed by the law applicable at the place of the storage of the Goods insofar as the choice in favor of German law should be unlawful or invalid pursuant to the respective law.
11.5 – If any provision of these Terms of Use is held or made invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement.