Terms of Service

AGREEMENT

The Tribal Dream-Stackers Publication & Podcasts

Effective Date: January 01, 2024 🇺🇸

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING, BROWSING, SUBSCRIBING TO, OR USING ANY PORTION OF THE PUBLICATIONS SERVICES, AND CONTENT PROVIDED BY THE TRIBAL DREAM-STACKERS PUBLICATION.

These Terms of Service (hereinafter "Terms" or "Agreement") constitute a legally binding contract between you, the individual user or authorized representative of an organization (hereinafter "User," "you," or "your"), and The Tribal Dream-Stackers Publication, a media publication entity (hereinafter "the Publication ," "we," "us," or "our"). This Agreement governs your access to and use of the Publication 's website, digital Publication s, newsletters, publications, applications, and any associated services (collectively, the "Publication " or "Services"). By accessing or using the Publication in any manner whatsoever, you acknowledge that you have read, understood, and unconditionally agree to be legally bound by these Terms and all policies incorporated herein by reference, including the Publication 's Privacy Policy. These Terms supersede all prior agreements, representations, or understandings between you and the Publication with respect to the subject matter hereof.

1. ACCEPTANCE OF TERMS

1.1 Binding Acceptance.

By accessing, browsing, subscribing to, registering on, or otherwise using any portion of the Publication or any Services offered by the Publication , you acknowledge and agree that such access or use constitutes your full, complete, and unconditional acceptance of these Terms and all applicable policies, guidelines, and rules incorporated herein. This Agreement is enforceable to the same extent as any written, negotiated contract signed by you.

1.2 Modifications and Continued Use.

The Publication reserves the right, at its sole and absolute discretion, to amend, revise, update, or replace any portion of these Terms at any time, effective upon posting of the updated Terms to the Publication or upon such other notice as the Publication may elect to provide. Your continued access to or use of the Publication following the posting of any modifications to these Terms constitutes and shall be deemed your binding acceptance of and agreement to the revised Terms. It is your sole responsibility to review these Terms periodically for changes.

1.3 Legally Binding Contract.

These Terms form a legally binding contract between you and the Publication . Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and the Publication .

1.4 Rejection of Terms.

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE PUBLICATION IN ANY MANNER, AND YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO AND USE OF THE PUBLICATION AND ANY ASSOCIATED SERVICES. Your sole remedy in the event of disagreement with these Terms is to cease use of the Publication .

2. ELIGIBILITY

2.1 Age Requirement.

Access to and use of the Publication is strictly limited to individuals who are at least eighteen (18) years of age, or the age of majority in their applicable jurisdiction, whichever is greater. By accessing the Publication , you represent and warrant that you meet this age requirement. The Publication makes no representation that the Publication is appropriate or available for use in all locations.

2.2 Legal Capacity.

You represent and warrant that you possess the full legal capacity, right, and authority to enter into, be bound by, and perform your obligations under these Terms as a binding legal agreement, and that doing so will not violate any applicable law, regulation, court order, or any other obligation to which you are a party.

2.3 Organizational Users.

If you are accessing or using the Publication on behalf of a corporation, limited liability Publication , partnership, organization, or other legal entity, you represent and warrant that you have the full legal authority to bind such entity to these Terms, and that such entity agrees to be legally bound by these Terms. In such case, references to "you" and "your" herein shall refer to both you as an individual and such entity collectively.

2.4 Verification and Termination.

The Publication reserves the right, at any time and in its sole and absolute discretion, to verify your eligibility to access or use the Publication and to terminate, suspend, or restrict your access to the Publication in the event that eligibility cannot be confirmed to the Publication 's satisfaction.

2.5 Minors. Minors

defined as individuals below the age of eighteen (18) years or the applicable age of majority — are strictly prohibited from accessing or using the Publication in any manner without verified, documented parental or legal guardian consent submitted to the Publication in accordance with the Publication 's procedures. Mere parental presence is insufficient; written, verifiable consent is required. The Publication shall not be liable for any access by minors not in compliance with this provision.

3. USER ACCOUNTS

3.1 Registration Requirements.

Certain features or areas of the Publication may require you to create a user account. By registering for an account, you agree to provide accurate, current, complete, and truthful information as prompted by any applicable registration form, and to update such information as necessary to ensure that it remains accurate, current, and complete at all times. Providing false, misleading, or fraudulent registration information is a material breach of these Terms.

3.2 Confidentiality of Credentials.

You are solely and exclusively responsible for maintaining the strict confidentiality and security of your account login credentials, including but not limited to your username and password. You agree to take all reasonable precautions to prevent unauthorized access to or use of your account. The Publication shall not be responsible for any loss, damage, or liability arising from your failure to maintain the security of your account credentials.

3.3 Unauthorized Access Notification.

You agree to notify the Publication immediately, and in any event no later than twenty-four (24) hours after you become aware, of any unauthorized access to or use of your account, your login credentials, or any other breach of security. Notification must be transmitted to the Publication at legal@tribaldream-stackers.com. Failure to provide timely notification may exacerbate the damage caused by such breach and may affect your rights hereunder.

3.4 Limitation of Liability for Unauthorized Access.

The Publication shall not be liable for any loss, damage, cost, expense, or liability of any nature arising out of or related to unauthorized access to or use of your account that results from your failure to safeguard your credentials, your sharing of credentials with third parties, or any other act or omission attributable to you or your negligence. You shall be responsible for all activities occurring under your account, whether or not authorized by you.

3.5 Suspension and Termination of Accounts.

The Publication reserves the right to suspend, disable, restrict, or permanently terminate your account and your access to the Publication at any time, with or without notice, and at its sole and absolute discretion, for any reason or no reason, including but not limited to suspected violations of these Terms, suspected fraudulent, abusive, or illegal activity, or extended periods of account inactivity.

3.6 Prohibition on Account Transfer.

Your account is personal and non-transferable. You are expressly prohibited from sharing, selling, transferring, sublicensing, assigning, or otherwise conveying your account or account credentials to any third party under any circumstances. Any attempted transfer shall be null and void and shall constitute grounds for immediate account termination.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership of Publication Content.

All content available on or through the Publication — including but not limited to text, articles, editorials, features, opinion pieces, graphics, illustrations, photographs, logos, trademarks, service marks, trade names, audio recordings, video recordings, data compilations, databases, software, code, and the overall selection, coordination, arrangement, and presentation of such content (collectively, "Publication Content") — is the exclusive property of The Tribal Dream-Stackers Publication or its respective licensors, partners, or content providers, and is protected by applicable United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws and conventions.

4.2 Restrictions on Use.

No Publication Content may be reproduced, copied, duplicated, downloaded, stored, transmitted, distributed, displayed, published, broadcast, modified, adapted, translated, publicly performed, or otherwise used for any commercial or non-commercial purpose whatsoever without the express, prior written consent of the Publication or the applicable rights holder. Any unauthorized use of Publication Content is strictly prohibited and may subject you to civil liability and criminal prosecution under applicable laws.

4.3 Trademarks and Service Marks.

The name "The Tribal Dream-Stackers Publication," all associated logos, stylized representations, trade names, and service marks displayed on the Publication are the registered and unregistered trademarks and service marks of the Publication or its licensors. Nothing in these Terms grants you any license or right to use, reproduce, display, or otherwise exploit any trademark, service mark, trade name, or logo of the Publication without the express prior written permission of the Publication . Unauthorized use of any Publication mark constitutes trademark infringement.

4.4 Consequences of Infringement.

Any unauthorized use of Publication Content or Publication marks constitutes infringement of the Publication 's intellectual property rights. The Publication reserves the right to seek all available legal and equitable remedies for infringement, including but not limited to injunctive relief, actual damages, statutory damages, attorneys' fees, and costs. Such unauthorized use may also subject you to civil and criminal liability under applicable law, including 17 U.S.C. § 101 et seq. and 15 U.S.C. § 1051 et seq.

4.5 Limited License to User.

Subject to your full compliance with these Terms, the Publication grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Publication and to view Publication Content solely for your personal, non-commercial use. This license does not include the right to: (a) use the Publication for commercial purposes; (b) make derivative works; (c) collect or harvest any data; or (d) use data mining, robots, or similar data gathering tools. This license is immediately revocable upon your breach of any provision of these Terms.

5. LICENSE TO USER CONTENT

5.1 Grant of License.

By submitting, posting, uploading, publishing, transmitting, or otherwise making available any content, material, information, data, text, images, audio, video, or other material to or through the Publication ("User Content"), you hereby grant to the Publication a non-exclusive, royalty-free, perpetual, irrevocable, fully paid-up, sublicensable (through multiple tiers), and worldwide license to use, access, reproduce, modify, adapt, translate, create derivative works from, publicly perform, publicly display, distribute, publish, broadcast, transmit, and otherwise exploit such User Content in any format, medium, or technology now known or hereafter developed, for any purpose the Publication deems appropriate in connection with the Publication and its operations.

5.2 Representations and Warranties.

With respect to each item of User Content you submit, you represent, warrant, and covenant to the Publication that: (a) you are the sole and exclusive owner of such User Content, or you have obtained all necessary licenses, rights, consents, and permissions to grant the license set forth in Section 5.1; (b) the submission and use of such User Content as contemplated herein does not and will not infringe, misappropriate, or violate any intellectual property right, privacy right, right of publicity, or any other right of any third party; (c) such User Content is not defamatory, obscene, fraudulent, tortious, or otherwise unlawful; and (d) such User Content complies with all applicable laws and regulations.

5.3 Retention of Ownership; Removal Rights.

The Publication does not claim ownership over User Content you submit to the Publication ; however, by submitting User Content, you acknowledge and agree that the Publication retains the absolute right and discretion to review, edit, refuse to post, remove, or delete any User Content at any time and for any reason, with or without notice to you, including but not limited to User Content that the Publication determines, in its sole discretion, violates these Terms or is otherwise objectionable.

5.4 Waiver of Moral Rights.

To the fullest extent permitted by applicable law, you hereby irrevocably waive any and all moral rights, rights of attribution, rights of integrity, and similar rights you may have in or to your User Content in favor of the Publication and any parties authorized by the Publication , including any rights you may have under applicable laws to object to derogatory treatment of your User Content.

5.5 No Compensation.

You acknowledge and agree that you are not entitled to any compensation, remuneration, royalties, or other consideration from the Publication for your User Content or for the exercise by the Publication of the license rights granted herein.

6. PROHIBITED ACTIVITIES

You agree that you will not, and will not permit or facilitate any third party to, engage in any of the following prohibited activities in connection with your use of the Publication :

6.1 Access, tamper with, or attempt to gain unauthorized access to any restricted areas, systems, networks, servers, or accounts associated with the Publication , or probe, scan, or test the vulnerability of any systems or networks without proper authorization from the Publication .

6.2 Upload, transmit, distribute, or otherwise introduce to the Publication any virus, worm, Trojan horse, ransomware, spyware, adware, malware, or any other malicious, disruptive, or harmful code, software, or data that may damage, interfere with, or adversely affect the operation of the Publication or any connected systems.

6.3 Engage in any form of harassment, intimidation, threatening, bullying, stalking, or abusive conduct directed at any other user of the Publication or any employee, officer, director, contractor, or agent of the Publication .

6.4 Post, submit, transmit, or otherwise make available any content that is defamatory, libelous, slanderous, obscene, pornographic, indecent, lewd, fraudulent, deceptive, misleading, threatening, abusive, hateful, discriminatory, tortious, or otherwise unlawful under any applicable law.

6.5 Impersonate any person or entity, including but not limited to any Publication personnel, public figure, or other user of the Publication ; falsely claim affiliation with any person or entity; or misrepresent your identity or credentials in any manner.

6.6 Engage in unauthorized data mining, scraping, web crawling, screen scraping, harvesting of email addresses or personal information, or any form of automated data collection, extraction, or retrieval from the Publication without the Publication 's prior express written consent.

6.7 Circumvent, disable, bypass, remove, deactivate, interfere with, or otherwise undermine any digital rights management system, encryption, security measure, access control mechanism, or technological protection measure associated with the Publication or any Publication Content.

6.8 Violate any applicable local, state, national, federal, or international law, regulation, rule, ordinance, statute, treaty, or court order in connection with your use of the Publication or any content submitted thereto.

6.9 Send, distribute, transmit, or facilitate the sending or distribution of spam, unsolicited commercial electronic communications, chain letters, junk mail, phishing communications, or any other unauthorized mass or bulk communications to other users of the Publication or any third party.

6.10 Attempt to reverse engineer, decompile, disassemble, decode, decrypt, translate, or otherwise derive the source code, underlying algorithms, trade secrets, or proprietary methodologies of any software, technology, or system comprising or supporting the Publication .

6.11 Post, submit, upload, or transmit any content that infringes, misappropriates, or violates any patent, copyright, trademark, trade secret, right of publicity, right of privacy, or any other intellectual property or proprietary right of any third party.

6.12 Engage in any activity that interferes with, degrades, disrupts, overburdens, or impairs the functionality, performance, integrity, security, or availability of the Publication or any servers, networks, or infrastructure underlying or supporting the Publication , including but not limited to distributed denial-of-service attacks.

6.13 Create, register, or maintain any false, fraudulent, fictitious, or misleading account on the Publication , or provide any false, inaccurate, or misleading registration information for the purpose of obtaining access to the Publication under false pretenses.

6.14 Facilitate, assist, encourage, induce, or conspire with any third party to engage in any of the prohibited activities enumerated in Sections 6.1 through 6.13 herein, or otherwise aid or abet any violation of these Terms.

6.15 Use the Publication , its content, or its communication tools for any commercial solicitation, advertising, marketing, promotional campaign, or business development purpose without the express prior written authorization of the Publication , including but not limited to the promotion of competing products, services, or publications.

7. DMCA COMPLIANCE AND COPYRIGHT POLICY

7.1 General Compliance.

The Publication respects the intellectual property rights of others and expects all users to do the same. The Publication complies with the provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"), and will respond appropriately to valid notices of claimed copyright infringement submitted in accordance with the DMCA's requirements.

7.2 Takedown Notice Procedure.

If you believe in good faith that content available on the Publication infringes upon your copyright, you may submit a written notice of claimed infringement (a "Takedown Notice") to the Publication 's Designated DMCA Agent. To be valid and effective under the DMCA, your Takedown Notice must include all of the following elements:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right alleged to be infringed;

(b) Identification of the copyrighted work or works claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, with sufficient detail to enable the Publication to locate the material on the Publication ;

(d) Reasonably sufficient contact information for the complaining party, including name, address, telephone number, and email address;

(e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law; and

(f) A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7.3 Counter-Notification Procedure.

If you believe that content you posted was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification to the Publication 's Designated DMCA Agent. A valid counter-notification must include: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location where it appeared before removal; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which the Publication may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

7.4 Repeat Infringers.

In accordance with the DMCA and the Publication 's policies, the Publication reserves the right, and it is the Publication 's policy, to terminate the accounts of users who are found to be repeat infringers of the intellectual property rights of others. The Publication may, in its sole discretion, determine what constitutes repeat infringement.

7.5 Designated DMCA Agent. All DMCA notices and counter-notifications must be submitted to the Publication 's Designated DMCA Agent at the following address:

Contact Method Details

Email (Preferred) legal@tribaldream-stackers.com

Mailing Address The Tribal Dream-Stackers Publication,

DMCA Agent / Legal Department

San Antonio, Texas, 78250, United States 🇺🇸

~Ashley Schmitt~

Subject Line DMCA Notice / DMCA Counter-Notification

NOTE: The foregoing contact information is provided exclusively for reporting claims of copyright infringement. All other inquiries will not receive a response through this channel.

8. DISCLAIMERS OF WARRANTIES

IMPORTANT NOTICE — PLEASE READ CAREFULLY!

THE FOLLOWING PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS AND REMEDIES. READ THIS SECTION IN ITS ENTIRETY BEFORE USING THE PUBLICATION .

8.1 "As Is" Basis.

THE PUBLICATION AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE PUBLICATION ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE PUBLICATION , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

8.2 Disclaimer of Implied Warranties.

WITHOUT LIMITING THE FOREGOING, THE PUBLICATION EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF: (a) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS; (c) ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR SUITABILITY OF ANY CONTENT OR INFORMATION ON THE PUBLICATION ; (d) QUIET ENJOYMENT OR QUIET POSSESSION; AND (e) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

8.3 Publication Availability.

THE PUBLICATION DOES NOT WARRANT THAT: (a) THE PUBLICATION WILL BE AVAILABLE AT ALL TIMES OR AT ANY PARTICULAR TIME; (b) ACCESS TO OR USE OF THE PUBLICATION WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE; (c) THE PUBLICATION WILL BE FREE OF VIRUSES, MALWARE, HARMFUL COMPONENTS, OR OTHER DESTRUCTIVE CODE; OR (d) ANY DEFECTS OR ERRORS IN THE PUBLICATION WILL BE CORRECTED.

8.4 No Creation of Additional Warranties. No information, statement, advice, recommendation, or guidance — whether oral or written — obtained by you from or through the Publication or from any Publication personnel shall create any warranty, representation, or guarantee of any kind not expressly stated in these Terms. You rely on any such information entirely at your own risk.

8.5 Third-Party Content.

The Publication does not endorse, recommend, guarantee, verify, or make any warranty with respect to any third-party content, products, services, websites, applications, or links that may be accessible through, displayed on, or linked from the Publication . Your access to and use of any third-party content, products, or services is entirely at your own risk and subject to such third party's separate terms and conditions.

9. LIMITATION OF LIABILITY

IMPORTANT NOTICE

LIMITATION OF LIABILITY

THE FOLLOWING PROVISIONS LIMIT THE PUBLICATION 'S LIABILITY TO YOU. PLEASE READ THIS SECTION CAREFULLY.

9.1 Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PUBLICATION , ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS, THE PUBLICATION , OR ANY SERVICES PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE PUBLICATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Categories of Excluded Damages. WITHOUT LIMITING SECTION 9.1, THE FOREGOING EXCLUSION INCLUDES, WITHOUT LIMITATION, ANY DAMAGES FOR OR ARISING FROM: (a) LOSS OF PROFITS, REVENUE, OR BUSINESS; (b) LOSS OF DATA OR DATA CORRUPTION; (c) LOSS OF GOODWILL OR BUSINESS REPUTATION; (d) COST OF SUBSTITUTE GOODS OR SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PUBLICATION ; OR (g) ANY OTHER INTANGIBLE OR ECONOMIC LOSS OF ANY KIND.

9.3 Aggregate Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLICATION 'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PUBLICATION — REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE PUBLICATION IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

9.4 Jurisdictional Carve-Out. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, THE PUBLICATION 'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR RESTRICT ANY LIABILITY THAT CANNOT BE EXCLUDED OR RESTRICTED BY APPLICABLE LAW.

10. INDEMNIFICATION

10.1 Obligation to Indemnify. To the fullest extent permitted by applicable law, you agree to indemnify, defend (at the Publication 's option), and hold harmless the Publication and its respective officers, directors, shareholders, members, partners, employees, agents, contractors, licensors, licensees, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, allegations, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses of any nature — including, without limitation, reasonable attorneys' fees, court costs, and expert witness fees — arising out of or in any way related to:

(a) Your breach or alleged breach of any provision of these Terms or any representation or warranty made herein;

(b) Your violation or alleged violation of any applicable federal, state, local, or international law, regulation, rule, or ordinance;

(c) Your violation or infringement of any third-party rights, including but not limited to intellectual property rights, rights of privacy, rights of publicity, or contractual rights;

(d) Your access to, use of, or misuse of the Publication , its content, or any Services; or

(e) Any content you submit, post, transmit, or otherwise make available through the Publication .

10.2 Publication 's Right to Assume Defense. The Publication reserves the right, at your expense, to assume the exclusive defense and sole control of any matter for which you are obligated to indemnify the Indemnified Parties under this Section 10, and you agree to cooperate fully with the Publication in the defense of any such matter. You shall not settle any claim subject to this indemnification obligation without the Publication 's prior express written consent. The Publication 's failure to notify you of any claim shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure.

11. GOVERNING LAW AND JURISDICTION

11.1 Choice of Law. These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Publication , or any Services — including any question regarding the existence, validity, interpretation, breach, or termination of these Terms — shall be governed by and construed exclusively in accordance with the laws of the State of Texas, United States of America, without reference to or application of its conflict of law rules, choice of law provisions, or principles that might otherwise cause the laws of another jurisdiction to apply.

11.2 Consent to Jurisdiction. Subject to the arbitration provisions set forth in Section 12, you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction and venue of the state courts of Bexar County, Texas, and the United States District Court for the Western District of Texas (San Antonio Division), for the adjudication of any claims, disputes, or controversies arising out of or relating to these Terms or your use of the Publication that are not subject to or exempted from arbitration under Section 12. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.3 Exclusion of CISG. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or to any transaction contemplated herein, the application of which is hereby expressly and entirely disclaimed and excluded.

12. DISPUTE RESOLUTION AND ARBITRATION

12.1 Informal Resolution. Before initiating formal arbitration proceedings, the parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Publication , or any Services (a "Dispute") through informal negotiation. The party raising a Dispute must provide written notice of the Dispute to the other party, setting forth in reasonable detail the nature of the Dispute and the relief sought. The parties shall have a period of thirty (30) calendar days from the date of receipt of such notice (the "Negotiation Period") to attempt to resolve the Dispute through good faith negotiation. If the Dispute is not resolved within the Negotiation Period, either party may proceed to binding arbitration as provided herein.

12.2 Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiation within the Negotiation Period specified in Section 12.1, such Dispute shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") and conducted in accordance with its Commercial Arbitration Rules (and, where applicable, its Consumer Arbitration Rules) then in effect, which rules are incorporated herein by reference. The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall be conducted in San Antonio, Texas, unless the parties mutually agree in writing to an alternative venue or format. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Costs of Arbitration. The allocation of arbitration costs and fees shall be governed by the applicable AAA rules. Each party shall bear its own attorneys' fees and costs in connection with the arbitration, unless the arbitrator awards attorneys' fees and costs to a prevailing party as provided under applicable law or the AAA rules.

12.4 CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU EXPRESSLY AND KNOWINGLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PUBLICATION . ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

12.5 Injunctive and Equitable Relief. Notwithstanding anything in this Section 12 to the contrary, nothing herein shall prevent or preclude either party from seeking and obtaining from a court of competent jurisdiction any injunctive relief, specific performance, or other equitable or provisional remedies in connection with a claim involving intellectual property rights, trade secrets, breach of confidentiality obligations, or any threatened or ongoing violation of these Terms that could cause irreparable harm, pending the resolution of any arbitration proceeding.

12.6 Severability of Arbitration Provisions. If any portion of this Section 12 is found to be unenforceable or unlawful for any reason, including but not limited to the class action waiver in Section 12.4, such unenforceable provision shall be severed from these Terms, and the remaining arbitration provisions shall remain in full force and effect.

13. TERMINATION

13.1 Termination by Publication . The Publication reserves the right, in its sole and absolute discretion, to suspend, restrict, limit, or permanently terminate your access to the Publication , your user account, and any Services, immediately and without prior notice, for any reason or for no stated reason, including but not limited to your actual or suspected breach of any provision of these Terms, your actual or suspected engagement in fraudulent, abusive, or illegal activity, or any conduct the Publication determines to be harmful to other users, third parties, or the Publication 's interests or reputation.

13.2 Effect of Termination on Licenses. Upon any termination or expiration of these Terms or your account, all licenses, permissions, and rights granted to you under these Terms shall immediately and automatically terminate and revert to the Publication . You must immediately cease all use of the Publication and all Publication Content, and you shall destroy any copies of Publication Content in your possession or control.

13.3 Survival of Provisions. The following Sections shall survive any termination or expiration of these Terms and shall remain in full force and effect indefinitely: Section 4 (Intellectual Property Rights), Section 5 (License to User Content), Section 8 (Disclaimers of Warranties), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 11 (Governing Law and Jurisdiction), Section 12 (Dispute Resolution and Arbitration), Section 13.3 (Survival), Section 15 (Miscellaneous), and any other provisions that by their nature and context are intended to survive termination.

13.4 Termination by User. You may terminate your account and these Terms at any time by providing written notice of termination to the Publication at legal@tribaldream-stackers.com. Such termination shall take effect upon the Publication 's confirmation of receipt and processing of your request. Termination of your account does not relieve you of any obligations, liabilities, or responsibilities incurred prior to the effective date of termination, including any payment obligations, indemnification obligations, or liability for breaches of these Terms.

14. CONTACT INFORMATION

14.1 Legal Notices.

All formal legal notices, demands, or communications required or permitted under these Terms shall be directed to the Publication 's Legal Department at: legal@tribaldream-stackers.com.

14.2 General Inquiries.

General, non-legal inquiries regarding the Publication , subscriptions, editorial matters, or other non-legal matters shall be directed to: contact@tribaldream-stackers.com.

14.3 Mailing Address.

Written correspondence and formal notices transmitted by postal mail shall be directed to:

MAILING ADDRESS

The Tribal Dream-Stackers Publication

Legal Department

San Antonio, Texas 78250

United States of America 🇺🇸

14.4 Notice by Electronic Mail.

Notices transmitted by electronic mail to a valid email address designated herein shall be deemed received on the next business day following the date and time of confirmed transmission, provided that no delivery failure notification has been received by the sending party.

14.5 Notice by Postal Mail.

Notices transmitted by United States Certified Mail, Return Receipt Requested, or by nationally recognized overnight courier service, shall be deemed received three (3) business days after the date of mailing or deposit with the courier, as applicable. "Business day" means Monday through Friday, excluding federal holidays observed in the United States.

15. MISCELLANEOUS

15.1 Severability.

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or in conflict with any applicable law or regulation, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect, provided that the fundamental economic and legal substance of these Terms is not materially altered in a manner adverse to either party.

15.2 Entire Agreement.

These Terms, together with the Publication 's Privacy Policy and any other policies, guidelines, or rules incorporated herein by reference, constitute the entire and exclusive agreement between you and the Publication with respect to the subject matter hereof, and supersede all prior or contemporaneous negotiations, discussions, representations, warranties, undertakings, agreements, understandings, and commitments — whether written or oral — between the parties relating to such subject matter.

15.3 Waiver.

No waiver by the Publication of any breach, default, or violation of any term, condition, provision, or right under these Terms shall be deemed a waiver of any subsequent or continuing breach, default, or violation of the same or any other term, condition, provision, or right. No waiver shall be effective unless made in writing and duly signed by an authorized representative of the Publication . The failure of the Publication to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Headings.

The section and subsection headings used in these Terms are included for convenience of reference only and shall not affect the interpretation, construction, or legal effect of these Terms in any manner. No heading shall be used to restrict or alter the meaning of the provisions to which it relates.

15.5 Assignment.

The Publication may freely assign, transfer, delegate, or otherwise dispose of these Terms, or any of its rights, interests, or obligations hereunder, in whole or in part, at any time without notice to or consent from you, including in connection with any merger, acquisition, reorganization, sale of assets, or operation of law. You may not assign, transfer, delegate, sublicense, or otherwise dispose of these Terms, or any of your rights or obligations hereunder, in whole or in part, to any third party without the Publication 's prior express written consent, and any attempted assignment in violation of this Section shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

15.6 Force Majeure.

The Publication shall not be liable for any delay in performance or failure to perform any obligation under these Terms to the extent such delay or failure results from causes beyond the Publication 's reasonable control, including but not limited to: acts of God or nature; fire, flood, earthquake, storm, hurricane, or other natural disaster; war, armed conflict, invasion, act of terrorism, riot, or civil disturbance; actions or decrees of governmental authorities; epidemic, pandemic, or public health emergency; widespread internet or telecommunications outages; or any other event of force majeure. The Publication shall use commercially reasonable efforts to resume performance as soon as practicable following any such event.

15.7 Notices to Publication .

Unless expressly stated otherwise herein, any notices to the Publication under these Terms shall be provided in writing and transmitted by electronic mail or certified postal mail to the contact information specified in Section 14.

15.8 No Third-Party Beneficiaries.

These Terms are entered into solely for the benefit of the Publication and you. Except as expressly stated herein, nothing in these Terms shall create or be deemed to create any legal or equitable rights in any third party, or any right of any third party to enforce any provision of these Terms.

15.9 Electronic Communications Consent.

You consent to receive communications from the Publication electronically, including by email and by postings on the Publication . You agree that all agreements, notices, disclosures, and other communications that the Publication provides to you electronically satisfy any legal requirement that such communications be in writing.

ACKNOWLEDGMENT OF AGREEMENT. BY ACCESSING, BROWSING, REGISTERING FOR, SUBSCRIBING TO, OR OTHERWISE USING THE PUBLICATION IN ANY MANNER, YOU HEREBY REPRESENT, WARRANT, AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTAND THESE TERMS OF SERVICE IN THEIR ENTIRETY, INCLUDING THE DISCLAIMER OF WARRANTIES IN SECTION 8,

THE LIMITATION OF LIABILITY IN SECTION 9, THE INDEMNIFICATION OBLIGATIONS IN SECTION 10, AND THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN SECTION 12, AND THAT YOU UNCONDITIONALLY AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO AND USE OF THE PUBLICATION .

YOUR CONTINUED USE OF THE PUBLICATION CONSTITUTES YOUR ONGOING ACCEPTANCE OF AND AGREEMENT TO THESE TERMS, AS AMENDED FROM TIME TO TIME.

ACKNOWLEDGMENT AND SIGNATURE

~Ashley Schmitt~

For The Tribal Dream-Stackers Publication Authorized Signature Printed Name & Title Date User / Authorized Representative Authorized Signature Printed Name & Title / Organization (if applicable) Date

OFFICIAL CONTACT INFORMATION

THE TRIBAL DREAM-STACKERS PUBLICATION & PODCASTS

Department / Purpose Contact Details

Legal Notices & DMCA. legal@tribaldream-stackers.com

General Inquiries contact@tribaldream-stackers.com

Mailing Address (Legal) The Tribal Dream-Stackers Publication,

Legal Department,: San Antonio, Texas, 🇺🇸 United States of America

~Ashley Schmitt~

Notice by Email — Deemed Received

Next business day following confirmed transmission

Notice by Certified Mail — Deemed Received

Three (3) business days after date of mailing

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Last Updated: August 18, 2026 | Effective Date: January 01, 2024

© 2024 Ashley Schmitt, Founder & Owner,

Tribal Dream-Stackers Publication & Podcasts

All Rights Reserved.

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