Terms and Conditions

Table Of Contents

  1. Welcome to VolleyTribe!
  2. About Becoming a VolleyTribe Member
  3. Actions That Are Not Tolerated
  4. How VolleyFunds Work
  5. How Funding Works
  6. What VolleyTribe is Not Responsible For
  7. Our Fees
  8. Other Websites
  9. Your Intellectual Property
  10. VolleyTribe’s Intellectual Property
  11. How We Deal with Copyright Issues
  12. Deleting Your Membership and Account
  13. Our Rights
  14. Warranty Disclaimer
  15. Indemnification
  16. Limitation of Liability
  17. Dispute Resolution and Governing Law

1. Welcome to VolleyTribe!

This page explains our terms and conditions. When you use VolleyTribe, you’re agreeing to all the rules below. Some of them need to be expressed in legal language, but we’ve done our best to offer you clear and simple explanations—hence the brief summaries in these blue boxes, which are not part of the official legal terms.

By using this website (the “Site”) and services (together with the Site, the “Services”) offered by VolleyTribe, PBC (together with Drip U.S., LLC, The Creative Independent, LLC, and its and their parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors—collectively, “VolleyTribe,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Site, like our VolleyTribe Code of Conduct andTerms and Conditions.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. Members based in the European Union will be notified of changes at least 15 days before they go into effect. New versions of the terms will never apply retroactively. Members will be notified the exact date they go into effect. By continuing to use VolleyTribe after the change you accept the new terms and conditions. 

2. About Becoming a VolleyTribe Member

You must be 15 or over to sign up for a VolleyTribe account. You’re responsible for your account and all the activity on it.

You can browse VolleyTribe without registering as a member. To use some of VolleyTribe’s functions, you’ll need to register, choose a username, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your membership.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone used your account without your permission, you should report it to report@VolleyTribe.com.

To sign up for an account, you need to be at least 15 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

3. Actions That Are Not Tolerated

This section is a list of things you shouldn’t do. Examples include telling lies, breaking laws, abusing people, stealing data, hacking other people’s computers, and so on. Please behave yourself. Don’t do this stuff.

Millions of people use VolleyTribe. We expect all users of VolleyTribe to behave responsibly and help keep this a nice place. We expect everyone to follow our Code of Conduct. VolleyTribe has a zero toleration policy for any of the following:

  • Breaking the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
  • Lying to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent..
  • Victimizing anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
  • Spamming. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
  • Harming anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to VolleyTribe or another party).
  • Abusing other users’ personal information. When you use VolleyTribe — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a VolleyTribe project: don’t use it for other purposes, and don’t abuse it.

4. How VolleyFunds Work

Most of our Terms and Conditions explain your relationship with VolleyTribe. This section is different—it explains the relationship between VolleyFund creators and contributors of VolleyFunds, and who’s responsible for what. This is what you’re agreeing to when you create or contribute to a VolleyFund campaign.

VolleyTribe provides a funding platform to create VolleyFunds. When a member posts a VolleyFund on VolleyTribe, they’re allowing other people to donate, with no obligation, to support the VolleyFund. Anyone who donates to the VolleyFund understands that the funds should be used for what is described in the VolleyFund campaign. 

VolleyTribe does not guarantee that the funds will be used for what was described in the VolleyFund. The VolleyTribe administration will be reviewing all VolleyFund campaigns before issuing any payment to the member. If The VolleyTribe administration determines that the member has misled, deceived, or raised funds with the goal of using it for a non beach volleyball related expense the VolleyTribe administration, at their discretion, will refund the contributors. 

All contributions are at your own risk. When you make a contribution through the platform, it is your responsibility to understand how your money will be used. VolleyTribe is not responsible for any offers, promises, rewards or promotions made or offered by members. We take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a member or VolleyFund is not raising or using the funds for their stated purpose, please use the “Report” button on the Profile associated with the VolleyFund campaign to alert our team of this potential issue and we will investigate.

The VolleyTribe administration will do their due diligence to investigate and campaigns that are in question. If a member repeatedly violates our Terms and Conditions their account may be subject to termination. If you feel that you were misled by a campaign contact report@VolleyTribe.com

 

5. How Funding Works

This section goes over the details of how VolleyTribe members receive their funds once a campaign has been completed. 

When a VolleyFund is successful, either by completion of the selected time frame or a VolleyFund being fully funded, the VolleyTribe administration will review the campaign. Once the campaign has been approved VolleyTribe will initiate a transfer of the VolleyFunds, minus any fees and commissions, into the account that is connected to the members profile through the Stripe, Inc payment platform.

VolleyTribe will initiate the transfer of funds into the account that is linked to the members account via the Stripe, Inc payment gateway. The initiation of funds, once approved, will be started within 5 business days. Please allow another 7 business days for the funds to appear in your account. If you have not received your funds contact support@VolleyTribe.com.

If there has been a chargeback that has been linked to a VolleyFund this amount will be deducted from the payout. If The chargeback has occurred after the payment has been issued to the member we may submit an invoice to the member for the repayment. If the member refuses to pay the invoice we have the ability to take the funds from the next VolleyFund that has been funded. We also reserve the right to deactivate a member’s account if the invoice has not been paid to VolleyTribe. 

By setting up a VolleyFund or accepting the role of Beneficiary of a campaign, the member agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these Terms of Services as well as any and all applicable terms set forth by the applicable Payment Processors.  Our current Payment Processor is Stripe, Inc. (Stripe’s terms of service).

VolleyTribe uses Stripe Connect to issue funds to the members. Stripe Connect is not available in every country. It is the members responsibility to make sure Stripe Connect is available in their country. To see the full list of countries that support Stripe Connect visit the Stripe Connect Country Availability page. 

 

6. What VolleyTribe is Not Responsible For

We don’t oversee VolleyFunds performance, and we don’t mediate disputes between users.

VolleyTribe isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance of VolleyFunds. When you use the Services, you release VolleyTribe from claims, damages, and demands of every kind—known or unknown, suspected or unsuspected, disclosed or undisclosed—arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

VolleyTribe is not a payment processor and does not hold any funds. VolleyTribe uses third-party payment processing partners to process Donations for a VolleyFund (“Payment Processor”).  You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate the provision of Services.

7. Our Fees

We charge a 10% fee on all VolleyFunds, which includes transaction fees from our payment partners. Creating a VolleyTribe profile and starting a VolleyFund is free of charge. 

If our fees ever change, we’ll announce that on our Site. Some funds donated by contributors are collected by payment providers. Each payment provider is its own company, and VolleyTribe isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of VolleyTribe.

8. Other Websites

If you follow a link to another website, what happens there is between you and them. 

VolleyTribe may contain links to other websites. (For instance, links in campaign pages, user profiles, podcasts, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

VolleyTribe has no control over such third party resources or any products, services or content made available through or by such third party resources, or the business practices of the third parties providing such third party resources, and VolleyTribe is not responsible for and does not endorse such third party resources or the products, services or content made available thereby. You acknowledge that VolleyTribe is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party resources. You further acknowledge and agree that VolleyTribe will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such third party resources. Any dealings you have with third parties found while using the services are between you and the third party and may be subject to additional terms provided by the third party, which you agree to by using such third party resources.  As an example of this,if you watch a video on our resource page, that video is subject to the YouTube Terms of Service.

9. Your Intellectual Property

We don’t own the content you post on VolleyTribe, but we do have your permission to use or copy it however we need. We generally use it to promote VolleyFunds, members, and showcase it to our community. Ultimately, you’re responsible for the content you post, and you’re agreeing to us that it’s ok to use. VolleyTribe doesn’t own the content you submit to us. 

You grant to us, and others acting on our behalf, the non-exclusive, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content. In general, we use this content to promote VolleyFunds and showcase our community on the website. There are many factors that we take into consideration before featuring any content. We carefully curate VolleyTribe, and all the associated outlets, to highlight great examples of any user uploaded content.

  • When we use the Content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
  • You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant VolleyTribe all the license rights outlined here).
  • Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on VolleyTribe’s hosting of that Content.
  • You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If VolleyTribe or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
  • You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated.
  • We’re not responsible for mistakes in your Content. VolleyTribe will not be liable for any errors or omissions in any Content.

10. VolleyTribe’s Intellectual Property

The content on VolleyTribe is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission from the VolleyTribe administration.

VolleyTribe’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

VolleyTribe grants you a license to reproduce content from the Services for personal use only. This license covers both VolleyTribe’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from VolleyTribe or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

11. How We Deal with Copyright Issues

We comply with the Digital Millennium Copyright Act. 

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. VolleyTribe complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. We do this when appropriate and at our sole discretion.

If you’d like to submit a claim of copyright infringement, please contact report@VolleyTribe.com

12. Deleting Your Membership and Account

You can request to delete your account by emailing admin@VolleyTribe.com. VolleyTribe may request proof of identity. Your account will be deleted within 2 business days. Once your account is deleted it won’t automatically remove some content you’ve already posted. If VolleyTribe has promoted any of your content we make no guarantee that the content will be removed from VolleyTribe and associated social media platforms. 

13. Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our platform. We don’t take these powers lightly, and we only use them when we absolutely have to.

To protect the reputation and integrity of our platform and users, VolleyTribe reserves these rights:

  • We can make changes to the VolleyTribe Site and Services without notice or liability.
  • We have the right to decide who’s eligible to use VolleyTribe. We may in limited circumstances impose restrictions or limitations on accounts, or, for particularly significant or repeated violations of our Terms and Conditions, disregarding our VolleyTribe Code of Conduct we may cancel accounts or decline to offer our services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use VolleyTribe in that jurisdiction.
  • We have the right to cancel any contribution to any VolleyFund campaign, at any time and for any reason.
  • We have the right to reject, cancel, interrupt, remove, or suspend any campaign at any time and for any reason.

VolleyTribe is not liable for any damages as a result of any of these actions.

It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancellations, we will let the account holder know the reasons for this action within 15 business days, unless we’re canceling for reasons related to illicit or inappropriate content, fraud, malware, spam, data breaches, and other cybersecurity risks. If you feel like your account was deactivated without justification contact admin@VolleyTribe.com

14. Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties. If you feel that there is an area that is not working or can be improved on please contact admin@VolleyTribe.com.

You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

15. Indemnification

If you do something on VolleyTribe that has a negative financial implication VolleyTribe has the right to deduct the money from you VolleyFunds, issue the VolleyTribe member an invoice requesting payment, or even file a lawsuit against the member. VolleyTribe is located in Los Angeles, CA. All lawsuits will be filed in the County of Los Angeles and subject to the laws governing the state of California. 

16. Limitation of Liability

 

By using the VolleyTribe platform the user understands and agrees, to the fullest extent of applicable law, that neither VolleyTribe nor its affiliates will be liable for any of the following:

  • Indirect, incidental, special consequential, punitive, or exemplary damages.
  • Damages for loss of profits, loss of goodwill, loss of use, loss of data, intangible losses
  • Inability to use the VolleyTribe platform and the services 
  • Data breaches to member content or account

In no event VolleyTribe will be liable for any damages to the member. Some jurisdictions do not allow the exclusion or limitation of certain warranties. If you are dissatisfied with any portion of the Terms and Conditions you may remedy the complaint by discontinuing the use of the services. 

 

17. Dispute Resolution and Governing Law

We’re located in Los Angeles, CA, and any disputes with us have to be handled in Los Angeles, CA and under California State law.

You agree to release VolleyTribe and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any Donation or Fundraiser, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. You agree that VolleyTribe has the right to perform its own defense of any claims at its own discretion, and that you will indemnify VolleyTribe for the costs of its defense (including, but not limited to attorney’s fees). If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.

We at VolleyTribe encourage you to contact us if you’re having an issue before resorting to legal mediation. Our VolleyTribe support team is on hand and ready to answer your questions. We can always be reached for any concerns at Support@VolleyTribe.com.  To find articles with information that may resolve your issue please visit the Frequently Asked Questions page. 

Please review our arbitration clause and class action waiver. This affects your legal rights. By using the VolleyTribe platform you agree that all disputes between the user and VolleyTribe, any of our officers, directors, or any employee acting on VolleyTribes behalf will be resolved by binding, individual arbitration. Any member or user will be giving up all legal rights to file a lawsuit. 

 

If you have any question about the Terms and Conditions please contact admin@VolleyTribe.com

 

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