Last Updated: May 18, 2009

Acceptance of Terms

Tibesti provides its Service (as defined below) to you subject to this Terms of Service agreement ("TOS"). Tibesti may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes on the Tibesti website at www.tibesti.com (together with its directly associated domains including the website www.worldsmostexpensive.com, the "Site"). By using, and continuing to use, the Service, you signify your binding and continued acceptance of the TOS, as published on the Site, and revised by Tibesti, from time to time in its sole discretion, and you represent that you are of legal age to form a binding contract. In this TOS, "Tibesti" means Tibesti, LLC.

Additionally, you acknowledge and agree that by clicking on the "I AGREE" button (or similar buttons or links as may be designated by Tibesti to show your acceptance of this TOS), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Description of Service

The "Service" includes (a) the Site, (b) the services, features, tools and applications provided by or through the Site, including Tibesti, and (c) all data, text, images, sounds, video, content, programming and software made available through the Site. Any new features added to or augmenting the Service are also subject to this TOS.

Permission to Use the Service

You may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS and any other applicable terms and other policies applicable to the Service or any portion thereof. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service.

You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Tibesti. You acknowledge that Tibesti may, in its sole discretion and at any time, discontinue providing any part of the Service without notice.

User Conduct

Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:

  • Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities.
  • Using the Service to violate anyone's privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, to promote hatred towards any group of people, or otherwise to publish or disseminate views or opinions which are, in the opinion of Tibesti, obscene, offensive, or generally inappropriate.
  • Using the Service for the benefit of any third party or charging any person for the use of the Service.
  • Collecting any information or communication about the users of the Service by monitoring, interdicting or intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing.
  • Attempting to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods implemented by Tibesti with respect to the Service and/or data and/or content or programming transmitted, processed or stored by Tibesti or other users of the Service.
  • Attempting to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service.
  • Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
  • Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service, including, without limitation, the Service's advertising and/or content delivery and display functionality.

Tibesti Name

Use of certain aspects of the Service, including creation of a Tibesti page, requires registration by selecting a unique user identification ("Tibesti Name") and password, and by providing certain personal information. If you select a Tibesti Name that Tibesti, in its sole discretion, finds offensive or inappropriate, Tibesti has the right to suspend or terminate your account.

You agree to (a) keep your password confidential and use only your Tibesti Name and password when logging in, and (b) immediately notify Tibesti (security@tibesti.com) of any unauthorized use of your Tibesti Name and/or password. You are fully responsible for all activities that occur under your Tibesti Name. Tibesti will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.

You agree that Tibesti may for any reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate your account and your Tibesti Name, and remove or discard from the Service any User Contribution associated with your account and Tibesti Name. Grounds for such termination may include, but are not limited to, extended periods of inactivity or violation of the letter or spirit of this TOS.

Social Product Networking

Tibesti offers registered users the opportunity to create personalized web pages where you can post personal information and provide recommendations for products.  To the extent other users of the Service purchase products by accessing the links available on your Tibesti page, you may be paid a commission by Tibesti. In order to be eligible to receive a commission, you must read, accept and execute the Commission Agreement which contains the terms and conditions under which the commission is offered and paid.

Subscriptions for Premium Services

As part of our Tibesti Service, we may offer you the option, from time to time, to subscribe for one of a variety of premium Tibesti services as further described on the Site.  When registering for one of these premium services, completing the Tibesti registration and checking the “I Agree to the Terms of Service” checkbox, you authorize Tibesti to charge applicable recurring monthly fees to your credit card on a pre-paid basis. Monthly account charges are billed on a 30-day cycle, which begins when you register for our premium service and ends 30 days thereafter.  You acknowledge and agree that you will not receive a bill in the mail for these premium services.  You may change and/or update your billing information in the “Settings” section under “Account Information” in the social product networking area of the Site.

Tibesti reserves the right to change prices or institute new charges for access to or use of our premium Tibesti services. All changes will be posted by Tibesti on the Site and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Tibesti Service or non-termination of your premium Tibesti services after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

  • Unless you cancel (see “Cancellation” below) no later than five (5) days prior to the end of the then current service period, your subscription will be renewed for the following 30 days and you authorize Tibesti to renew your subscription, and bill you for the following 30 day period.

If we are unable to charge your billing payment method for any payment, Tibesti may: (i) immediately suspend or terminate your Tibesti account and/or access to any premium services, (ii) seek collection of the outstanding amount owed under your subscription plan and/or (iii) seek legal action against you for breach of these Terms of Service.  If we are only able to successfully charge your billing payment method after its due date, then we will issue you an entitlement for the period of time remaining in that month (i.e., the remainder of the 30-day cycle.).  You acknowledge and agree that Tibesti will not be responsible for any expenses that you may incur resulting from overdrawing your bank account or exceeding your credit limit as a result of an automatic charge made under these Terms of Service.

Cancellation

You can cancel your subscription for premium services by going to your Settings page, click on your Account Tab and click on Close My Account.  We will reasonably attempt to return a cancellation confirmation to you via email to your registered email address. You should retain this confirmation as a record of your cancellation. If you cancel your subscription for premium services, we will not refund any remaining portion of your previously paid subscription fees. Provided that you cancel no later than five (5) days prior to the end of the current billing period your cancellation will take effect at the end of the billing period during which you deliver notice to us of your intent to cancel. If you cancel your subscription at least five (5) days prior to the end of your billing period and are charged for the next month’s fee, please contact our billing customer service at billing@tibesti.com to have that charge refunded.

User Contributions

Tibesti does not claim ownership of  any profile information, comments, tags, chat message or other information that you post or upload to the Service or otherwise transmit to Tibesti by any means (any and all such information and materials submitted by you are referred to as a "Post"); however, Tibesti has the right to remove any Post or Tibesti page (collectively, a "User Contribution") that violates this TOS or any other written policy or terms of use published by Tibesti from time to time, or is otherwise objectionable, as determined solely by Tibesti.

You acknowledge and agree that you are solely responsible for any User Contribution made by you on or through the Service. Without limitation to the foregoing, you are solely responsible for the accuracy, reliability, nature, rights clearance, and compliance with law and legal restrictions associated with any User Contribution.

You acknowledge and agree that any User Contribution is not considered confidential by Tibesti and may be disseminated or used by Tibesti or its affiliates without compensation or liability to you for any purpose whatsoever.

You hereby grant Tibesti and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform each User Contribution on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing any part of the Service (and its derivative works). This license granted by you will continue for as long as Tibesti determines to use your User Contribution. You understand that your User Contribution may be transmitted over various networks and may be changed to conform and adapt to technical requirements. You also acknowledge and agree that Tibesti and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your User Contribution.

By making or submitting any User Contribution, you represent and warrant that you have all necessary permissions to grant the foregoing licenses to Tibesti. Without limitation to the Indemnification provision below, you agree, at your own expense, to indemnify, defend, and hold harmless Tibesti, its affiliates, employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to, your breach of the foregoing representation and warranty, or any use, display or distribution by Tibesti or its affiliates of any User Contribution submitted by you.

Privacy Policy

Tibesti agrees to protect your personal information as described in the Privacy Policy published on the Site. You agree that Tibesti can export your information to any country as operationally necessary, even if that country's privacy laws are weaker or different from the privacy laws of your country and that Tibesti can use and transfer your personal information to the extent provided in the Privacy Policy.

Third-Party Content

Each contributor to the Service of data, text, images, sounds, video, software and other materials (including without limitation third party licensors of audio-visual content, and the contributors of User Contributions) is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their contribution. As such, Tibesti is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any such contribution. You will not hold Tibesti responsible for any action or inaction on the part of any third party licensor of content, or any other user, including without limitation the things they post or otherwise make available via the Service.

You acknowledge and understand that all title and intellectual property rights in and to any third party trademarks, logos, photographs, images, audio-visual content, programming, advertising and other intellectual property contained on or through the Service is the property of the respective third parties, including the respective content owners or advertisers, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. You understand that you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for or to any such third party intellectual property. Additionally, the unauthorized reproduction or distribution of such third party intellectual property, including, without limitation, any content, programming, advertising, services and/or features contained on or through the Service, is prohibited by applicable law.

While the content and other programming available on or through the Service will always be subject to this TOS and our Privacy Policy, those third party links, third party feeds, blogs, websites, web pages and widgets (collectively, “third party feeds”) are not owned or controlled by Tibesti and are provided as a courtesy only. Third party feeds are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Tibesti has not reviewed, and assumes no responsibility for, the content, offers, discounts, promotions, functionality, security, services, privacy policies, or other practices of these third-parties including any changes or updates to such sites or whether the third party will honor the offer as described on the Site or made available through the Service.  Tibesti is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Tibesti of any third party feeds and/or any of the content therein and/or any product or service offered by such third party feeds. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. Additionally, these third parties, or their terms and conditions of service, may not permit you to display and perform any content or programming that is otherwise available on the Service.

Further, you acknowledge and agree that any offers, discounts or other promotions made available through the Service are subject to change at any time and from time to time and such offers, discounts and promotions may not be honored by our suppliers, vendors and other partners. 

By using the Service, you agree that Tibesti shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget, or due to your embedding, or linking to, any aspect of the Service on such third party blogs, websites or web pages. You further acknowledge and agree that Tibesti may disable your use of, or remove, any third party links, third party feeds, or widgets on the Service for any reason.


Making Claims of Copyright Infringement

Tibesti respects the intellectual property rights of others and we ask our users to do the same. If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the Tibesti Copyright Agent.

A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit Tibesti to contact you, such as your physical address, telephone number and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner's behalf.

The Tibesti Copyright Agent can be reached by email, fax or post as follows:

legal@Tibesti.com

or

Fax: (310) 207-5046

or

Attention: Copyright Agent
c/o Tibesti
11500 San Vicente Boulevard, #414

Los Angeles, CA 90049

The Copyright Agent will only respond to any claims involving alleged copyright infringement. Copyright Agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).

Disclaimer of Warranties

*READ THIS CAREFULLY*

You understand and agree that your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, Tibesti expressly disclaims all warranties, express or implied, in connection with the Service and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Tibesti makes no representations or warranties about the accuracy or completeness of any content made available through the Service (whether User Contributions or otherwise) or the content of any websites linked to the Site. Tibesti does not warrant, endorse, guarantee, or assume responsibility for any product, application or service advertised or offered by a third party through the Service or any hyperlinked website or featured in any advertising, and Tibesti will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products, applications or services. As with the purchase of a product or service, or installation or download of any application, through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from Tibesti or through the Service shall create any warranty not expressly stated in this TOS.

Limitation of Liability

*READ THIS CAREFULLY*

You understand and agree that Tibesti shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if Tibesti has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute services resulting from any services obtained through or from the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; (e) inaccuracies, mistakes, or errors of content; (f) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Service; (g) any bugs viruses, Trojan horses, or the like, which may be transmitted to or though the Service by a third party; or (h) any other matter relating to the Service, whether based on warranty, contract, tort, or any other legal theory. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that the aggregate liability of Tibesti shall not exceed the amount of ONE HUNDRED DOLLARS ($100). YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR MEMBERSHIP AND DISCONTINUE USE OF THE SERVICE.

Indemnification

You agree to indemnify, defend and hold Tibesti, and its subsidiaries, affiliates, managers, members, officers, parent companies agents, co-branders or other partners, and employees (collectively, the Indemnified Parties) harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any term of this Terms of Use or any policy or guidelines referenced herein,  (ii) use or misuse of this Service, or (iii) by someone  else using your screen name and password.

Waiver and Severability

The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the TOS provisions, including the Disclaimer of Warranty or Limitation of Liability, are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Investigation; Disclosure

Tibesti reserves the right to investigate occurrences which may involve any violations of this TOS or its Privacy Policy, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You expressly acknowledge and agree that Tibesti may disclose information provided by you to comply with law enforcement or any legal, governmental or regulatory order or action.

Governing Law

The laws of the State of California will govern this TOS without giving effect to any principles of conflicts of laws. You further agree that any disputes or claims that you may have against Tibesti will be resolved by the state and federal courts located in the County of Los Angeles, California and you agree to submit to the exclusive personal jurisdiction of such courts.  You also agree that, in the event any dispute or claim arises out of or relating to your use of the Website or the Services, that you and Tibesti will attempt in good faith to negotiate a written resolution of the matter. You agree that if the matter remains unresolved for ninety (90) days after notification (via certified mail or personal delivery) that a dispute exists, you and Tibesti shall join in mediation services in Los Angeles, California with a mutually agreed upon mediator in an attempt to resolve the dispute.  Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

Under California Civil Code Section 1789.3, residents of California who subscribe to our premium Tibesti services are entitled to the following specific consumer rights information: If you are unable to receive the information you are seeking, or resolve a complaint you may have regarding the services available through this Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

 

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Assignment

This TOS and the rights and licenses it grants or receives may be assigned or transferred by Tibesti without restriction.

Comments/Inquiries

If you have any comments or inquiries regarding this TOS or the Service, please contact Tibesti as follows:

legal@Tibesti.com