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Commercial Terms

These Commercial Terms apply to access or use of The FlyTribe Products (or "Products"), for a business or commercial purpose (except where we state that separate terms, and not these Commercial Terms, apply to such access or use of a FlyTribe Product). Business or commercial purposes include using ads, selling products, developing apps, managing a Page, or managing a Group for business purposes regardless of the entity type.

You agree that you will ensure that any third party on whose behalf you access or use any of The FlyTribe Product for any business or commercial purpose will abide by the applicable terms of use, including these Commercial Terms, the Terms of Service ("Terms") and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms.

As more fully described below, if you reside in the United Kingdom or your business is located in the United Kingdom, these Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.

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   1. Licences: As described in "The permissions you give us" section in our Terms, you grant us a licence to content that is covered by intellectual property rights (e.g. photos or videos) that you share, post or upload on or in connection with The FlyTribe Products. For any access or use of The FlyTribe Products, that licence applies to content that you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your Page content for you) makes available on or in connection with any of The FlyTribe Product. You will also ensure that you own or have secured all rights necessary to grant the licences and rights that you (or someone on your behalf) grant to us under the Commercial Terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within The FlyTribe Products. 

 

   2. Compliance with law: You represent and warrant that your access or use of The FlyTribe Products for business or commercial purposes complies with all applicable laws, rules and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules and regulations, including geo-filtering or age-gating access where required. In addition to and without limiting the requirements about who can use The FlyTribe Products under our Terms, if you are located in a country that is subject to embargo under the laws of the United Kingdom (or under similar laws applicable to you) you may not engage in commercial activities on The FlyTribe Products unless authorised by applicable laws. You are also unable to access or use the The FlyTribe Products if you are prohibited from receiving products, services or software under applicable law. 

 

   3. Data restrictions: You may not send us information prohibited by the supplemental terms or policies. In addition, you may not send to us, or use The FlyTribe Products to collect from people, information that: (i) you know or reasonably should know is from or about children under the age of 13; or (ii) includes health, financial, biometrics or other categories of similarly sensitive information (including any information defined as sensitive under applicable law); except in cases where (a) the terms for that The FlyTribe Product specifically allow it or (b) you are sending financial information for the express purpose of effecting a financial transaction either with us or as enabled by a The FlyTribe Product.

 

   4. Limits on liability: In addition to and without limiting the scope of the "Limits on liability" section in our Terms, you agree that we are not responsible for the actions, services, content or data of third parties and you release us, our directors, officers, employees and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim that you have against any such third parties. 

If you are a California resident, you agree to waive California Civil Code Section 1542, which says: 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR 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. 

Our aggregate liability arising out of or relating to any access or use of The FlyTribe Products, the Terms (for any access or use of The FlyTribe Products for business or commercial purposes) or these Commercial Terms will not exceed the greater of one hundred pounds (GBP 100) or the amount that you have paid us in the past twelve months. 

   5. Disputes:

  1. Third-party  : If anyone brings a claim, cause of action or dispute against us related to your services, actions, content or information on The FlyTribe or any other of The FlyTribe Products or your use of any of The FlyTribe Products, you agree to indemnify and hold us harmless from and against any damages, losses and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action or dispute.

  2. Commercial Claims: Sections 5.b below apply to any claim, cause of action or dispute that arises out of or relates to any access or use of The FlyTribe Products for business or commercial purposes ("Commercial Claim") between you and The FlyTribe.

    1. Any Commercial Claim between you and The FlyTribe Limited must be resolved exclusively in the courts of the United Kingdom, that you submit to the personal jurisdiction of the United Kingdom for the purpose of litigating any such claim, and the English laws will govern these Commercial Terms and any such claim, without regard to conflict of law provisions.

    2. Without prejudice to the foregoing, you agree that, in our sole discretion, we may also bring any claim we have against you related to efforts to abuse, interfere or engage with our Products in unauthorised ways in the country in which you reside that has jurisdiction over the claim.

 

 

   6. Updates: We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of our Products for business or commercial purposes, and so we encourage you to check them regularly for any updates. By continuing any access or use of any of The FlyTribe Products for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to Section 5 of these Commercial Terms will only apply to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our Products for business or commercial purposes. 

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   7. Conflicts and supplemental terms: If there is a conflict between these Commercial Terms and the Terms, these Commercial Terms will govern with respect to your access and use of The FlyTribe Products for business or commercial purposes to the extent of the conflict. Supplemental terms and policies may also apply to your use of The FlyTribe Products. To the extent that those supplemental terms conflict with the Commercial Terms, the supplemental terms will govern with respect to your use of The FlyTribe Products to the extent of the conflict. 

  1. If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed and the remaining portion will remain in full force and effect.

  2. If we fail to enforce any of these Commercial Terms, it will not be considered a waiver.

  3. Except as permitted in Section 6, any amendment to or waiver of these Commercial Terms must be made in writing and signed by us.

  4. You will not transfer any of your rights or obligations under these Commercial Terms to anyone else without our consent.

  5. These Commercial Terms do not confer any third-party beneficiary rights.

  6. We offer tools to provide transparency and controls to our users about The FlyTribe experience, including information to show them why they are being shown specific content or provide feedback about content, and controls to block content or stop seeing certain types of content (such as by removing themselves from interests used for advertising). You agree that information about you and your use of The FlyTribe Products for commercial or business purposes may be included in these tools. For clarity, our licence to content extends to the display of content in conjunction with providing these tools.

  7. You consent that we may disclose your advertising content and Page posts ("commercial content"), and all information associated with such commercial content, including information associated with the delivery of that commercial content, in response to a valid legal process related to an electoral matter or to a governmental entity or body if The FlyTribe believes that disclosure would assist in a lawful investigation.

  8. Please note that our retention policies for commercial content may differ from those set forth in the Terms. We retain commercial content as necessary to provide our services to users, for internal record keeping and for product improvement and safety purposes.

  9. All of our rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise.

  10. Nothing in these Commercial Terms or any applicable supplemental terms will prevent us from complying with the law.

  11. We reserve all rights not expressly granted to you.

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