TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERM OF SERVICE AGREEMENT IS EFFECTIVE AS OF, 8 AUGUST 2020.

 

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that governs the relationship with our users and others, who may interact or interface with The Tribe Of The Whitetop Band Of Native Indians, also known as Whitetop Tribe, located at PO Box 588, Vine Grove, Kentucky 40175, and our subsidiaries and affiliates, in association with the use of the Whitetop Tribe website, which includes whitetoptribe.org (the "Site") and its services, which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a non-profit website with the following description:​

 

  • Communication

 

Any and all visitors to our site, whether registered or not, shall be deemed "users" of the herein contained Services provided for the purpose of this TOS. Once individual registers for our Services, through the process of creating an account, the user shall be considered a "member."

 

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications, and that those applications may be made available on various social media networking sites, numerous other platforms, and downloaded programs, are the sole property of The Tribe Of The Whitetop Band Of Native Indians. At its discretion, The Tribe Of The Whitetop Band Of Native Indians may offer additional website Services and/or products, or update, modify or revise any current content and Services. This Agreement shall apply to any additional Services and/or products, and any and all updated, modified, or revised Services, unless otherwise stipulated.  The Tribe Of The Whitetop Band Of Native Indians reserves the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end-user and/or member, acknowledge, accept and agree that The Tribe Of The Whitetop Band Of Native Indians shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications. As such, frequent review of this Agreement and any applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must stop using the provided Services forthwith.

 

Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided "AS IS" and as such The Tribe Of The Whitetop Band Of Native Indians shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or failure to store user content, communication or personalization settings.

 

REGISTRATION

To register and become a "member" of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual previously barred from receiving Whitetop Tribe's Services under the laws and statutes of the United States or other applicable jurisdictions.

 

When you register, Whitetop Tribe may collect information such as your name, email address, birth date, mailing address, occupation, industry, and personal interests. You can edit your account information at any time. Once you register with the Whitetop Tribe and sign in to our Services, you are no longer anonymous to us.

 

Furthermore, the registering party acknowledges, understands, and agrees to:

 

  1. Furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and

  2. Maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times.

 

 

If anyone knowingly provides false, untrue, inaccurate, or incomplete information, The Tribe Of The Whitetop Band Of Native Indians will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any current or future use of The Tribe Of The Whitetop Band Of Native Indians Services, or any portion thereof.

 

It is the priority of The Tribe Of The Whitetop Band Of Native Indians to ensure the safety and privacy of all its visitors, users, and members, especially children. Therefore, it is for this reason that the parents of any child under 13 who permit their child or children access to the Whitetop Tribe website platform Services assume responsibility for them. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

CONDUCT

As a user or member of the Site, you acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether publicly or privately posted and/or transmitted, is the sole responsibility of the individual from whom the content originated. In short, this means you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by the Whitetop Tribe Services, and as such, we do not guarantee the accuracy, integrity, or quality of such content. It is expressly understood that by using our Services, you may be exposed to content, including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred due to the use of any content posted, emailed, transmitted, or otherwise made available by Whitetop Tribe.

 

Furthermore, you agree not to use The Tribe Of The Whitetop Band Of Native Indians Services for:

 

  1. Uploading, posting, emailing, transmitting, or otherwise making available any content unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

  2. Causing harm to minors in any manner whatsoever;

  3. Impersonating any individual or entity, including, but not limited to, any Whitetop Tribe officials, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

  4. Forging caption, headings or titles, or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

  5. Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or other proprietary or intellectual rights of any other party;

  6. Uploading, posting, emailing, transmitting, or otherwise offering any content that you personally do not have any right to offer pursuant to any law in accordance with any contractual or fiduciary relationship;

  7. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail", "spam", or any other form of solicitation, except in any such areas designated for such purpose;

  8. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

  9. Disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect other users' ability to participate in real-time interactions;

  10. Interfering with or disrupting any The Tribe Of The Whitetop Band Of Native Indians Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;

  11. Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, and any regulations having the force of law;

  12. Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with Section 219 of the Immigration Nationality Act;

  13. "Stalking" or with the intent to otherwise harass another individual; and/or

  14. Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities set forth in the aforementioned paragraphs.

 

MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY

 

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password, and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any violation of the TOS. It shall be your responsibility to notify The Tribe Of The Whitetop Band Of Native Indians immediately if you notice any unauthorized access or use of your account or password or any other breach of security. The Tribe Of The Whitetop Band Of Native Indians shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

The Tribe Of The Whitetop Band Of Native Indians herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or otherwise be considered offensive to other visitors, users, and/or members.

 

The Tribe Of The Whitetop Band Of Native Indians herein reserves the right to access, preserve, and/or disclose member account information and/or content if it is requested by law or in good faith believes any such action is reasonably necessary for:

 

  1. Compliance with any legal process;

  2. Enforcement of the TOS;

  3. Responding to any claim that contains content violates the rights of any third party;

  4. Responding to requests for customer service; 

  5. Protecting the rights, property, or personal safety of The Tribe Of The Whitetop Band Of Native Indians, its visitors, users, and members, including the public.

  6. If a member's account is inactive for 12 months, the member's account may be deleted.

 

The Tribe Of The Whitetop Band Of Native Indians herein reserves the right to include security components that may allow digital information or material to be protected. Such use of information and/or material is subject to usage guidelines and regulations established by The Tribe Of The Whitetop Band Of Native Indians or any other content provider supplying content services to The Tribe Of The Whitetop Band Of Native Indians. You are hereby prohibited from any attempt to override or circumvent any embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether in whole or in part, is expressly prohibited.

 

INTERSTATE COMMUNICATION

Upon registration, you acknowledge that by using whitetoptribe.org to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading files, photos, and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you acknowledge that the use of this Service shall lead to interstate transmissions.