The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Tulip or other third parties. You are not permitted to use these Marks without the prior written consent of Tulip or such third party that may own the Mark.
Tulip either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on the Site, or has obtained the permission of the owner of the intellectual property to make it available on the Site. Tulip strictly prohibits the redistribution or copying of any part of the Site or content on the Site without written permission from Tulip. Tulip authorizes you to display on your computer, download and print pages from the Site provided: (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational and non-commercial use, and (d) you do not redistribute or copy the information to any other media.
Any software ("Software") that Tulip makes available to you is the copyrighted work of Tulip and/or third parties. Your use of the Software and Tulip services is governed by: (a) our Acceptable Use Policy, which can be found at: https://tulip.co/legal/acceptable-use-policy/
(the “AUP”); and (b) the terms of our API License Agreement, which can be found at: https://tulip.co/legal/api-license-agreement/
(the "License Agreement") or, if you are a Customer, by your Corporate Terms (the License Agreement and the Corporate Terms are referred to as the “Licensing Documents”). You will not install any Software without agreeing to the AUP and to the applicable Licensing Documents.SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSING DOCUMENTS. EXCEPT AS SET FORTH IN THE APPLICABLE LICENSING DOCUMENTS, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
The Site contains links to other websites and resources that are provided for convenience only. Tulip has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by Tulip of the website or their entities, products or services.
RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Site is a violation of criminal and civil laws. Tulip reserves the right to seek damages from any such person to the fullest extent permitted by law.In addition, you agree not to post or transmit through the Site any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by "hacking,” "cracking,” "spoofing,” or defacing any portions of the Site.You may not post or transmit through the Site advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Tulip and/or the Site; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings or spam mail; or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents. You may not harvest or collect information about website visitors without their express written consent.
USE OF COMMUNITY, CONTENT AND OTHER INTERACTIVE AREAS
Tulip controls this site from its Somerville, Massachusetts, USA offices; other Tulip sites may be administered and operated from various locations inside and outside the United States. If you use the Site from other locations you are responsible for compliance with applicable local laws. Tulip makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide.
By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. Tulip makes no claim that content contained on the Site is appropriate or may be downloaded outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Any person or corporation submitting Content to the Site agrees to defend, indemnify and hold Tulip and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including reasonable attorneys' fees) related to or arising out of such submitted Content, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the person or corporation submitting such Content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted Content), even if such Content is reviewed by Tulip prior to publishing on the website.
THE SITE AND ALL CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT), MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TULIP MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THE SITE OR ANY CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT). TULIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TULIP DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE OR ANY CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT), INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH USE OF THE SITE OR ANY CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT). TULIP MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT), INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT), AND THE SERVER ON WHICH THE WEBSITE AND CONTENT (INCLUDING WITHOUT LIMITATION LICENSED CONTENT) ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT, WHICH INCLUDes WITHOUT LIMITATION LICENSED CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY TULIP AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.TULIP MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY Tulip AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, TULIP IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF TULIP HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
ASSUMPTION OF RISK
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Tulip has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, Tulip is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Tulip shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
This agreement and all claims relating to the relationship between the parties are governed by the Federal laws and the laws of the Commonwealth of Massachusetts, U.S.A. without regard to choice of law provisions.If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
To file a notice of infringement with us, please provide the following information to the Tulip-designated copyright agent listed below: