This Statement of Terms and Conditions ("Statement", “STC” or "Terms") is our terms of service that governs our relationship with users and others who interact with Tributize, as well as Tributize brands, products and services, which we call the “Tributize Services” or “Services”.
By using or accessing the Tributize Services, you agree to this Statement.
1. Community Standards
Tributize is a community where people write and share tributes. A tribute is by definition something positive, something good, something nice that you write about someone or something.
We ask that the tributes that you write, the comments that you make about other tributes, and any other communication on or via the Tributize platform, help to maintain this spirit of positive writing.
We reserve the right to edit your content.
If we are made aware of content that is controversial or sensitive then we may remove it or limit the audience that sees it.
Sharing Your Content and Information
- When you publish content or information it means that you are allowing everyone, including people outside of Tributize, to access and use that information, and to associate it with you.
- We always appreciate your feedback or other suggestions about Tributize, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them)
We do our best to keep Tributize safe, but we cannot guarantee it. We need your help to keep Tributize safe, which includes the following commitments by you:
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use Tributize to do anything unlawful, misleading, malicious, or discriminatory.You will not post unauthorized commercial communications (such as spam) on Tributize.
- You will not post unauthorized commercial communications (such as spam) on Tributize.
- You will not collect users' content or information, or otherwise access Tributize, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Tributize.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Tributize, such as a denial of service attack or interference with page rendering or other Tributize functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Tributize if you are under 13.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Tributize that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Tributize if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except with our prior written permission.
- You will not post anyone's identification documents or sensitive financial information on Tributize.
About Advertisements and Other Commercial Content Served or Enhanced by Tributize
Although we do not currently offer advertising on Tributize, we may in the future deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
- We may make changes to these terms and other policies, guidelines or other terms referenced in or incorporated by this Statement from time to time.
- Your continued use of the Tributize Services, following changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Tributize to you. You may also delete your account at any time.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Tributize exclusively in the Swiss courts and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Switzerland will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Tributize, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Tributize and are not responsible for the content or information users transmit or share on Tributize. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Tributize. We are not responsible for the conduct, whether online or offline, of any user of Tributize.
- We try to keep Tributize online, bug-free, and safe, but you use it at your own risk. We provide Tributize as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that Tributize will always be safe, secure or error-free or that Tributize will always function without disruptions, delays or imperfections. Tributize 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. Our aggregate liability arising out of this statement for Tributize will not exceed the greater of one Swiss Franc (Fr.1.00) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Tributize's liability will be limited to the fullest extent permitted by applicable law.
- By "Tributize" or” Tributize Services” we mean the features and services we make available, including through (a) our website at tributize.com and any other Tributize branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Tributize reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this STC.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Tributize or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Tributize.
- By "content" we mean anything you or other users post, provide or share using Tributize Services.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Tributize or provide to Tributize through the Platform.
- By "post" we mean post on Tributize or otherwise make available by using Tributize.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "application" we mean any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term application will apply until you delete the data.
- This Statement is an agreement between you and Tributize AG. References to “us,” “we,” and “our” mean Tributize AG.
- This Statement makes up the entire agreement between the parties regarding Tributize, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Tributize.