PARTICIPATION IN THE GLOBALTRIBE CHALLENGE IS RESTRICTED TO INDIVIDUALS OVER THIRTEEN YEARS OF AGE AND TO BE PERFORMED UNDER THE GUIDANCE OF OFFICIAL SPONSORS OF GLOBALTRIBE. 

FOR THOSE WHO ARE OVER THIRTEEN YEARS OF AGE, PLEASE READ THE TERMS AND CONDITIONS OF PARTICIPATION CAREFULLY BEFORE USING THIS WEBSITE (the “Site”).  FOR ALL OTHERS, THE WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY.

This Site is fully controlled and operated by GlobalTribe, a subsidiary of Creative Visions, a non-profit charity.  By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions which are described below.  If you do not agree with all of the following terms and conditions, please do not use this Site.  If you cannot understand the terms and conditions described below, please have them explained by a competent advisor before using this Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such changes and/or modifications shall become effective immediately upon the posting thereof.  Please review the terms and conditions periodically.  Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.  For your information, this page was last updated on January 24, 2005.

Use of this Site is restricted to persons over the age of thirteen years.  Although terms and conditions related to this Site generally comply with the restrictions set by the Federal Trade Commission in its Children’s Online Privacy Protection Rule, those restrictions are required only for use by persons under the age of thirteen.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site design, text, images, photographs, illustrations, video clips, artwork, graphic material, concepts, programs, and/or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the “Material”) are the property of GlobalTribe  and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.  GlobalTribe hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial,  personal, and use for the advancement of GlobalTribe interests only, copies of materials and/or software that you may download from this Site, including, without imitation, any files, audio or images provided that you maintain all copyright and other notices contained in such Material.  Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

CHATROOM/MESSAGE BOARDS

To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of GlobalTribe.  In no event shall GlobalTribe assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site.  You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and all that such Posting shall not infringe any proprietary property or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

You hereby authorize GlobalTribe to use, and authorize others to use, your Posting in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone or together or as part of other material of any kind or nature.  Without limiting the foregoing, GlobalTribe will have the right to use and change the Postings in any manner that GlobalTribe may determine.  Additionally, GlobalTribe may sweep its chatrooms and/or message boards periodically in its sole discretion.

GlobalTribe does not allow Postings which contain:

• Private or personal information which might indentify a user
• Profanity or obscenities
• Personal attacks on other individuals
• Slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or
• Other information that GlobalTribe deems in its sole discretion to be inappropriate for this Site.

GLOBALTRIBE CHALLENGE

GlobalTribe provides Rules of Participation for activities on this Site with regard to the GlobalTribe Challenge.  This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with the GlobalTribe Challenge.  The Rules of Participation require that all participating individuals must be over the age of thirteen and conduct all related activities under the guidance and supervision of an authorized Sponsor of GlobalTribe.  The Sponsor shall have accountability for all actions undertaken by participants including, but not limited to, the collection and transmittal of donations to GlobalTribe for specified purposes.  All participants shall conduct themselves with integrity and honesty with regard to any and all solicitations related to the GlobalTribe Challenge and accurately report and transmit to GlobalTribe through an authorized Sponsor all donations received.  

DISCLAIMER AND LIMITATION OF LIABILITY

GlobalTribe is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site.  The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. 

TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLIABLE LAW, GLOBALTRIBE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICESNORS, REPRESENTATIVES, AND THIRD PARY PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM NON-AUTHORIZED CONDUCT OR CONDUCT IN VIOLATION OF THE RULES OF PARTICIPATION FOR THE GLOBALTRIBE CHALLENGE.  ANY CULPABLE CONDUCT RESULTING FROM ACTIVITIES WHICH VIOLATE THE RULES OF PARTICIPATION SHALL BE ATTRIBUTABLE SOLELY TO THE ACTOR CONDUCTING SUCH ACTIVITIES AND NO LIABILITY SHALL ACCRUE TO GLOBAL TRIBE ACCORDINGLY.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless, GlobalTribe, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives and third party providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement or the Rules of Participation by you. 

THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING OF THE PARTIES.  THIS AGREEMENT AND ALL MATTERS OR ISSUES COLLATERAL THERETO WILL BE GOVERNED BY, CONSTRUED AND ENFORCED INA CCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA APPLICABLE TO CONTRACTS WITH JURISDICITON FOR ANY COURT ACTION IN THE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES.