Terms of use

Welcome to Triber!

These are Triber's terms of use. We know that most people skim through terms of use statements because they're boring and go right over our heads, but we have done everything we can to make this easy to get through. By using Triber, you agree to these terms but we may not be able to always tell you when we change/modify them. We recommend that you keep yourself updated with the changes in the Terms of Use of Triber yourself.

These are Triber’s terms of use and apply to all users of the Triber website and mobile applications. “We,” “our”, “Company” or “us” refers to Wishberry Online Services Pvt Ltd; “Triber” refers to this website and the services offered by us on www.triber.in or associated websites. By using Triber you agree to these terms. You acknowledge that you have read and understood these terms. You also agree to our Privacy Policy and any other policies we post on Triber.

What is Triber?

Triber is a platform where artists can receive monthly payments from their fans called as subscribers on Triber. In return for these payments, subscribers get back interesting rewards from their favorite artists such as content, merchandize or even intangible rewards such as meet & greet with the artists.

Account creation

You must have a bank account to be able to create an account on Triber for funding and receiving money.

When you register for an account you must provide us with accurate information. If you don’t provide us with accurate information, then we may not be able to assist you with accessing your account.

Account security

You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us at channels@triber.in immediately.

User conduct

Don’t do bad stuff. Be responsible and use common sense.

You are responsible for all the activity on your account. If you do bad things we may terminate your account. Reasons for termination include but are not limited to:

  1. Illegal activities - Don’t break the law or encourage others to break the law.
  2. Abuse- Don’t harass or bully others, or promote violence or hatred towards others.
  3. Personal information - Don’t distribute other’s personal information or otherwise abuse it. Artists with access to their subscriber’s personal information should not use it for anything unrelated to Triber.
  4. Fraud - Don’t post information that is false or otherwise misleading.
  5. Impersonation - Don’t impersonate anyone. Don’t use another’s account, or allow others to use your account.
  6. Username squatting - Don’t create an account to prevent others from using the name or to sell the name.
  7. Intellectual property - Don’t infringe on other's intellectual property rights.
  8. Spam - Don’t spam others or distribute unsolicited advertising material.
  9. Malware - Don’t use Triber to host or distribute, malicious or destructive software
  10. Endorsement - Don’t claim endorsement by Triber without our prior written approval.
  11. Service degradation - Don’t degrade other's use of Triber.
  12. Data mining - Don’t crawl, scrape or otherwise index information on Triber. If you are doing this to create a useful feature then we may allow it, but you must check with us first.
  13. Reward sharing - Don’t support a artist and then share their subscriber‐only content without permission from the artist.

The list above is not exhaustive. If you find a new and creative way to hurt Triber or our users, we may take action to prevent it.

All about being a subscriber

Account creation and personal data

To become a subscriber, a subscriber simply create an account, update your preferred payment method and subscribe to any artist! You may choose to subscribe to your social logins and we might receive some data regarding your demographic and online activities. We use this data for internal analytical purposes and also to advertise to you based on your preferences, but we do not post anything on your social profiles without your permission or exchange your data with any third party, except the artists you may have subscribed to.

Access levels

Access levels define the rewards a subscriber is willing to pay for monthly. These rewards can be content by artists, merchandize or intangible benefits like personal interactions, meet & greet both offline and online.

Delivery of rewards

Triber is not responsible for the quality, timing or legality of content or rewards provided by the artists to their subscribers. Delivery is the sole responsibility of the artist and any failure of rewards delivery on the behalf of an artist, can be reported to Triber at support@tribe.in.

We have no control over the quality, timing or legality of content or rewards promised to be delivered in the future by the Artists. We do not grant refunds for failure to deliver physical rewards.

Monthly subscription charge

First time subscribers get their first one month free; they are only charged starting their second month of subscription. They are charged immediately at the time of the subscriptions for the full amount of the subscription. All charges are made at the beginning of every month. All amounts shown on the site are inclusive of taxes.

Cancelling subscriptions

Subscribers may cancel their subscriptions at any time through their profile settings. In certain situations, you may lose access to an artist’s subscriber-only content, including rewards. These include when you cancel your subscriptions, your payment method fails, the artist blocks you, or the artist deletes their account.

Refunds

Triber does not give back any refunds to the subscribers. In case of any chargebacks, subscribers need to reach out to their artists directly and arrange for funds transfer.

Artist content

Subscribers are prohibited use content posted by artists in any way not authorized by the artist. Triber will assist the artist should he/she decides to take a legal course of action.

All about creating an artist channel on Triber

Payouts

Payments of your subscriptions are processed by the 15th of the following month. We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block payments for violations of the terms or compliance reasons. When payments are delayed or blocked we try to communicate the reasons to you promptly. In order to protect artists, we may block subscriber payments if we believe them to be fraudulent.

We do not handle most tax payments, but we collect tax identification information and report this to the authorities as legally required. You are responsible for reporting any taxes.

Content restrictions and termination

We restrict some types of content and rewards and may cancel your channel page in case we see you posting the following content:

  • Content or rewards with real people engaging in sexual or violent acts.
  • Content or reward with nudity, or realistic depictions of sexual or violent acts, unless you flag the page as Adult Content and make the posts only viewable by Adult subscribers.
  • Use raffles, or any prizes based on chance, as a reward.
  • Content or rewards using other's intellectual property, unless you have written permission to use it, or your use is protected by fair use.

Account disabling

You can permanently disable your account at any time by sending an email to channels@triber.in You can see what information is deleted and what we continue to store after the account is disabled in our privacy policy.

Account termination

We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any content or rewards at our discretion.

These terms remain in effect after your account is disabled.

Triber’s rights and responsibilities

Terminating accounts

Removing content or terminating accounts is not an action we take lightly and we may take a while to investigate or open the issue up to further discussion with the community. But you are free to report a channel page or a subscriber to us if you sense any inappropriate behavior at legal@triber.in and we will take the necessary action.

Product development

We are constantly testing out new features with the goal of making Triber better. We may add or remove features, release test features with a random subset of our users and we expect our users to cooperate with us in the testing phases.

Privacy

With your permission, we may give other websites or services the ability to verify information about your Triber account or perform actions on your behalf. This permission is asked for when you connect your Triber account to these other websites or services. Information can include the existence of your account, subscriptions amounts and length of support. Actions can include creating, editing or deleting subscriptions and any other interaction with artists such as posting messages or liking posts.

Artist's content rights

Artists keep complete ownership of all their content, but give us permission to use it on Triber and for Triber’s marketing efforts across online and offline mediums. Make sure you have permission to use content that you post on Triber.

By posting content to Triber you grant us a royalty‐free, perpetual, irrevocable, non‐exclusive, sub licensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is to allow us to operate Triber, promote Triber and promote your content on Triber.

You may not post content that infringes on other's intellectual property or proprietary rights.

Subscribers are prohibited use content posted by artists in any way not authorized by the artist. Triber cannot take responsibility in case such as a violation occurs but can definitely assist the artist should he/she decides to take a legal course of action.

Triber's content

Content we create is protected by copyright, trademark and trade secret laws. Some examples of our content are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Triber page.

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our content unless we give you permission in writing.

Copyright infringement

If someone on Triber is using your copyright without permission, then please send an email to legal@triber.in This is complicated, so make sure to read the long version before you send us an email.

If you believe that any content on Triber infringes your copyrights, please send written notice to:

Copyright agent
Wishberry Online Services Pvt. Ltd.
102/103 Matharu Arcade, Subhash Road,
Vile Parle East, Mumbai – 400071
Maharashtra, India
legal@triber.in

This notice should include the following information:

The electronic or physical signature of the copyright owner, or a person authorized to act on their behalf.

  • A description of the copyrighted work that you claim has infringed.
  • A description of the exact location on Triber of the content that you claim is infringing. This description must allow us to find and identify the content.
  • Your name, address, telephone number and email address.
  • A statement by you that:
    1. You believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, the copyright owner, or the owner’s agent,
    2. All information contained in your copyright notice is accurate, and
    3. Under penalty of perjury, you are either the copyright owner, or authorized to act on their behalf.

Indemnity

If we are sued because of you, you have to help pay for it.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Triber. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our affiliates, officers, directors, employees, agents and third party service providers.

Warranty disclaimer

We do our best to make sure Triber works as expected, but stuff happens.

Triber is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our affiliates and third party service providers.

Limit of liability

If you lose money as a result of using Triber, any payment to you is limited to how much you have paid us, and we don’t have to pay you if your loss is unexpected.

In no event shall the Company, nor its directors, employees, agents, partners, vendors, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service

  1. For any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising) and
  2. For any bugs, viruses, trojan horses, or the like (regardless of the source of origination).

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company's reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.

Dispute resolution

If any dispute, controversy or claim arises out of or in connection with these Terms of Use, in which the Company is a party (a Dispute), the disputing parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration.

In the event of such arbitration:
  1. The arbitration shall be in accordance with the rules of the London Court of International Arbitration, in force at the relevant time (which is deemed to be incorporated into this Agreement by reference);
  2. All proceedings of such arbitration shall be in the English language. The place / seat of the arbitration shall be Mumbai and the courts of Mumbai shall have exclusive jurisdiction over the arbitration proceedings;
  3. The law governing the conduct of arbitration and the arbitration proceedings shall be the laws of India;
  4. The arbitration shall be conducted before a sole arbitrator appointed by Wishberry;
  5. Arbitration awards shall be reasoned awards and shall be final and binding on the disputing parties; and
  6. The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the Agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.

Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.

Governing law

Any disputes with us must be resolved in Mumbai.

These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.

Integration and severability

If any part of the contract is deemed illegal for any reason the remainder of the contract shall still apply
These Terms of Use, the Privacy Policy, the Online Campaigner Agreement and other referenced material herein or on the Site, are the entire agreement between you and the Company with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Service and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Everything else

These terms are the final word on Triber’s policies.

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

If you have any questions, please email legal@triber.in