1. ACCEPTANCE OF TERMS; MODIFICATION OF TERMS

Lost Tribez LLC (“Company”, “we”, “us”, or “our”) owns, controls, and operates the platform known as “Tribe Vibez”, a proprietary coded, web-based, content streaming and sharing service available at the website, https://tribe-vibez.com (including, without limitation, all subdomains thereof, collectively the “Site”), and through each of the “Tribe Vibez” branded desktop and mobile applications (collectively, the “App”, and together with the Site, the “Tribe Vibez Service”). The Tribe Vibez Service is built atop a proprietary webbased, content hosting, streaming and delivery infrastructure protocol, and other technologies, including digital music and video steaming protocols (the “Tribe Vibez Protocol”, and together with the Tribe Vibez Service, the “Platform”), These Standard Terms and Conditions (these “Standard Terms”) and all other terms of service, terms and conditions, policies, guidelines, and documents incorporated by reference herein (collectively, but excluding these Standard Terms, the “Ancillary Documents”), as they may be in effect and modified from time-to-time, including, without limitation, the Tribe Vibez’ (“Terms of Service”) and Privacy Policy , as well as other ancillary documents and contracts Tribe Vibez (“White Paper), constitute a legally binding agreement between Company and each registered or unregistered end user of the Tribe Vibez Service (each, a “User”, “you” or “your”, and as described in more detail in the Terms of Service). Capitalized terms used but not defined in these Terms of Use; No Warranties; Disclaimers (herein after referred to as “Terms of Use”) and Conditions have the meanings given them in the Terms of Service.

By accessing and using the Tribe Vibez Service, or any portion thereof, in any manner, including, but not limited to, visiting, or browsing, or listening to or publishing Content (as described in the Terms of Service on, the Tribe Vibez Service, you are deemed to have read, accepted, executed, and be bound by this Acceptance of Terms and Conditions; Disclaimer; No Warranties.

Company may change or amend these Standard Terms or any of the Ancillary Documents at any time at its sole and absolute discretion. In addition, from time to time: (i) Company may (a) implement changes to existing tools, products, services, functionalities, and/or features to the Tribe Vibez Service, or release/introduce new tools, products, services, functionalities, features, and/or other updates to the Tribe Vibez Service (collectively, “Updates”) or (b) release new versions of the Tribe Vibez Service, in each case which may result in changes or amendments to the Platform Terms of Service.

If Company makes a material change or amendment to the Platform Terms of Service it will provide a notification of such changes or amendments on or through the Tribe Vibez Service or notify all registered Users of such changes or amendments via e-mail or as otherwise reasonably appropriate, which changes, or amendments will be effective automatically upon the posting of such notification or as of the date of delivery of such notification via e-mail or otherwise. If there are any adopted/implemented Upgrade Proposals for the Platform, which also result in a changes or amendments to the Platform Terms of Service, these will be visible on the Platform and will be effective automatically upon the effective date of the adoption of such Upgrade Proposal per the terms of such Upgrade Proposal resolution. We therefore encourage you to review the Platform Terms of Service fully and carefully and to check the Platform Acceptance of Terms and Conditions; Disclaimer ;No Warranites and Terms of Service consistently. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding the terms of this paragraph, no revisions to the Platform Terms of Use will apply to any dispute between you and Company that arose prior to the effective date of such revision.

2. LIMITATIONS ON USE

The Platform may not be used, modified, reproduced, duplicated, copied, published, distributed, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the tools, products, services, functionalities and/or features made available to Users of the Platform, subject to the Platform Terms of Service, or without the express prior written consent of Company or the applicable owner of Third-Party Content, in each instance.

Without limiting the foregoing, while using the Platform, you may not conduct any of the following activities:

Defame, abuse, harass, stalk, threaten, bully, or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of Company or other Users, or use information learned from the Platform to otherwise defame, abuse, harass, stalk, threaten, bully, intimidate or mislead, or otherwise violate the legal rights of Company or any other User outside of the Platform.
Use the Platform for any purpose in violation of applicable local, state, national, or international law.
Use or otherwise export or re-export the Platform or any portion thereof, or Content in violation of the export control laws and regulations of the United States of America.
Upload any material or software files that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar programs that may damage or infiltrate the operation of the Platform or any other User’s computer or mobile device.
Restrict or inhibit any other User from using and enjoying the Platform.
Use a robot, spider, manual and/or automatic processes, or devices to data-mine, data-crawl, scrape or index the Platform in any manner (excluding SEO-related scraping (e.g., Google indexing)), and you acknowledge and agree that the Platform is for active streaming use only, and in no event is it to be used for downloading and/or local serving.
Hack or interfere with the Platform, its servers, or any connected networks.
Adapt, alter, license, sublicense or translate the Platform for your own personal or commercial use, except as otherwise expressly permitted in the Platform Terms of Use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.
Use the Platform to collect User data by electronic or other means other than as expressly permitted by the Platform’s Acceptance of Terms and Conditions; Disclaimers/No Warranties and applicable law.
Use the Platform in a manner which is false or misleading (directly or by omission and/or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes.
Cause or induce any third-party to engage in the restricted activities above.

The above restrictions supplement and, based on your use of the Platform, are in addition to any other applicable restrictions that are set forth in the Ancillary Documents, including, but not limited to, Tribe Vibez Service Terms, as well as any other restrictions that may be established by the Tribe Vibez Protocol.

Company may take appropriate investigative and legal action for any illegal or unauthorized use of the Platform, including, without limitation. You acknowledge that violation of any of the restrictions set forth in this Section 2 and/or the Ancillary Documents may subject you to third-party claims and none of the rights granted to you in the Platform Terms of Use may be raised as a defense against any third-party claims arising from any such violation.

If you encounter or learn of any User who has violated the Platform Terms of Use in any manner, including, without limitation, by violating any of the Platform usage restrictions set forth above and/or the Ancillary Documents, please email Company at support@tribe-vibez.com or inform us through the applicable reporting functionality offered via the Platform. Company may, but is not obligated to, take any of the actions against Users who violate any of the restrictions set forth in the Platform’s Acceptance of Terms and Conditions; No Warranties; Disclaimers.

3. CLAIMS OF ALLEGED INTELLECTUAL PROPERTY INFRINGEMENT ON THE PLATFORM AND THE DIGITAL MILLENNIUM COPYRIGHT ACT

In the event of alleged infringement of any party’s copyright with respect to any Content published or actions taken on or through the Platform by Creators, Company’s liability is limited as a transitory digital network communication service provider under the Online Copyright Infringement Liability Limitation Act (i.e., Title II of the Digital Millennium Copyright Act, 17 U.S.C. § 512 [the “DMCA”], as amended from time to time).

Company acts as an intermediary service provider that transmits, routes, and provides connections for Content and other Creator-generated material made available to Listeners on the Tribe Vibez Service via an automatic technical process without selecting, filtering, approving or denying, or modifying such materials or intended recipients as sent or received by those uploaders, transmitters, etc. Company does not create or maintain any copies of any such Content and other Creator-generated materials, which may be made in the course of its intermediate or transient storage, on Tribe Vibez owned or controlled systems or networks (including such systems or networks that host the Trive Vibez Service) in a manner ordinarily accessible to anyone other than anticipated recipients and for a longer period than is reasonably necessary for the transmission, routing, or provision of connections.

Notwithstanding the foregoing, Tribe Vibez will designate a registered agent under the DMCA and otherwise comply with all other terms and conditions of § 512(c).

Company respects the intellectual property rights of others and expects all Users to do the same and reserves the right to take any actions that it deems appropriate and that are within its control to protect against copyright infringement on the Tribe Vibez Service. Therefore, notwithstanding the foregoing, and in full reservation of Company’s rights as a transitory digital network communication service provider under the DMCA and all other rights available to Company under applicable law and in equity, if you believe in good faith that Content is being linked to, and made available on, the Tribe Vibez Service in a manner that infringes upon your copyright and are otherwise unsuccessful in causing the applicable Creator to remove such Content directly, you may send Company a notice to support@tribe-vibez.com with the below information, and upon receipt of such notice, Company will (i) de-link the allegedly infringing Content identified in such notice from the Tribe Vibez Service and/or use commercially reasonable efforts to cause the applicable Creator who originally uploaded such Content to de-link such Content from the Tribe Vibez Service solely by using the “delete” Content functionality in such Creator’s account settings.

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed and an explanation as to why you think an infringement has taken place;
A description of where the material that you claim is infringing is located on the Tribe Vibez Service, sufficient for Company to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;
A statement by you under penalty of perjury under applicable law that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.

United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

4. DISCLAIMER OF WARRANTIES

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

YOUR USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. THE TRIBE VIBEZ SERVICE IS COMPANY’S PROPRIETARY PLATFORM AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES

OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS, OR RELIABILITY OF THE TRIBE VIBEZ SERVICE, ANY TRIBE VIBEZ SERVICE IP OR CONTENT OR MATERIAL PROVIDED THROUGH THE PLATFORM, THIRD-PARTY CONTENT LINKED TO THE PLATFORM, OR THE TRIBE VIBEZ PROTOCOL AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR (I) ANY OTHER THIRD-PARTY DISCOVERY SOFTWARE INTERFACE OR APPLICATION THAT IS LINKED TO THE TRIBE VIBEZ PROTOCOL, (II) ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE TRIBE VIBEZ SERVICE OR (III) ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PLATFORM INTERFACES, APPLICATIONS, OR PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED OR THAT THE PLATFORM WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THE FOREGOING PARTIES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM.

ACCESSIBILITY, AVAILABILITY OR OPERATION OF THE TRIBE VIBEZ SERVICE OR ANY FEATURES, FUNCTIONALITY, PRODUCTS OR SERVICES THEREOF OR THEREON, AND THAT COMPANY SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY PROVIDING SERVICES. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

5. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE TRIBE VIBEZ SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD THE COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, AND PARTNERS IN PROMOTIONS, OR ANY OF SUCH PARTIES’ RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, VENDORS, THIRD-PARTY LICENSORS, CORPORATE PARTNERS, PARTICIPANTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “COMPANY PARTIES”) LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TRIBE VIBEZ SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY COMPANY PARTY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY, AND YOU IRREVOCABLY RELEASE THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

6. INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless, the Company Parties, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third-party based on: (i) any breach of any representation, warranty, covenant or obligation of yours under the Platform Terms of Use; (ii) your violation of any applicable law or regulation; or (iii) your violation of any third-party right, including, but not limited to, any copyright or other intellectual property right. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.

7. GOVERNING LAW; DISPUTE RESOLUTION

Governing Law. The Platform Terms of Use are governed by and construed in accordance with the internal laws of the State of New York, without reference to principles of conflicts of laws.

8. DISPUTE RESOLUTION; ARBITRATION

Disputes. You and Company agree that any dispute, claim or controversy arising out of or relating to the Platform Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform, including, without limitation, any Content contained thereon or use of $AUDIO Tokens in connection therewith (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution; Arbitration” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of the Platform Terms of Use.

Arbitration Rules. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. All disputes arising under or relating to the Platform Terms of Use or to your use (or inability to use) of the Platform shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of the Platform Terms of Use. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator may conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in City of New York in the State of New York. The arbitrator’s decision shall be based upon the substantive laws of the State of New York without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. The foregoing shall not preclude Company from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in City of New York in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Changes. Notwithstanding Company’s right to amend or modify the Platform Terms of Use, if Company changes this “Dispute Resolution” section after the date you first accepted the Platform Terms of Use (or accepted any subsequent changes to the Platform Terms of Use), you may reject any such change by sending us written notice (including by contacting us at support@tribe-vibez.com within 30 days of the date such change became effective, as indicated in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Platform Terms of Use (or accepted any subsequent changes to the Platform Terms of Use).

You agree that regardless of any applicable statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Platform or the Platform Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever and fully barred.

9. NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Company by the Platform Acceptance of Terms and Conditions; No Warraties;Disclaimers.

10. ASSIGNMENT

Company may freely assign, delegate, sub-contract and/or otherwise transfer any or all of its rights and/or obligations under the Platform Terms of Use to any company, firm, or person. You may not transfer your rights or obligations under the Platform Terms of Service or the Platform Acceptance of Terms and Conditions; No Warranties; Disclaimers to anyone else.

11. WAIVER AND SEVERABILITY OF TERMS; ENTIRE AGREEMENT

Failure by Company to enforce any provision(s) of the Platform Terms of Service or the Platform Acceptance of Terms and Conditions: No Warranties; Disclaimers will not be construed as a waiver of any provision or right. If any provision of the Platform Terms of Service or Acceptance of Terms and Conditions, No Warranties; Disclaimers are deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. The Platform Terms of Service and Platform’s Acceptance of Terms and Conditions; No Warranties; Disclaimers incorporate by reference any notices contained on the Platform and constitute the entire agreement with respect to access to and use of the Tribe Vibez Service and/or provision of services to the Tribe Vibez platform itself.

12. TERMINATION OF THE TRIBE VIBEZ SERVICE

Company reserves the right to terminate its ownership and control over the Tribe Vibez Service for any reason, without notice, at any time.

The Basis of Our Agreement. By accepting our products and services and agreeing to these terms, you understand and accept that Tribe Vibez operates under certain warranty disclaimers and limitations of liability. Our allocation of risk is fair and reasonable, and these disclaimers and limitations are a critical component of our agreement. Without them, we would not be able to provide our services in an economically viable manner. As such, you acknowledge that you are aware of these warranty disclaimers and limitations of liability and accept them as part of our agreement. You also acknowledge that you understand that these disclaimers and limitations are a necessary condition for us to be able to provide our products and services.

14. FEEDBACK

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the User community. If you choose to contribute by sending us or our employees any ideas for services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending us Feedback, you agree that: (i) Company has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason; (ii) Feedback is provided on a non-confidential basis, and Company is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and (iii) you irrevocably grant Company a perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-theaudience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Thank you for choosing Tribe Vibez. We are committed to your satisfaction and value your business.