Welcome to www.tulipcrush.com customer care for some of our products, including our applications (the "Apps"), our fan pages on Twitter.com, Pinterest.com, YouTube.com, Facebook.com and Instagram.com, our fan pages for specific products on Facebook.com (collectively, the "Site"), and our games provided on other websites or third-party sources (collectively, the "Service"). The Site is owned and operated, or in some cases licensed, by Tulipmaniapps and its affiliates ("Tulipmaniapps," "we," "us" or "our").
WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR SITE OR APPS AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS OR OTHER CHANGES.
Our Site (and other “internal” websites stemming from it, such as specific membership sites or web pages pertinent to the main website or blog) is an online (and, periodically, offline) information service and is subject to your compliance with the Terms set forth below.
Our Site and Apps are independent, stand-alone entities that have no relationship, connection or affiliation whatsoever with any company, person, outfit, organization or group mentioned herein, even if such names appear in our website name, domain, URL or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our readers, some of which we may be compensated for. You should simply assume at all times we are being compensated and, while that may not prompt us to make unsound recommendations, you should always be responsible for your own financial decisions, be it investing, purchasing, donating or otherwise.
The information and resources presented on our Site or Apps or Service are for informative purposes only, and is not to be used or construed as professional advice. Although we endeavour to provide accurate information, there can be no guarantee of the accuracy, completeness, usefulness or adequacy of any resources, information, apparatus, product or process available at or from our Site or Apps or Service, or from external websites that we have linked to, as of the date it is received no more than that it will continue to be accurate in the future.
Under these Terms, Tulipmaniapps offers users the ability to (i) use the Site; (ii) use the Applications; (iii) download and/or purchase content and virtual currency or, with respect to certain Applications, purchase special benefits; (iv) participate in forums and chats; and (v) provide feedback and/or other material to Tulipmaniapps. By using the Site or Apps or Service, as applicable, you agree to be bound by these Terms, which include but are not limited to, a limit on and exclusion of damages and remedies available to you, and the selection of Canadian law and jurisdiction in Ontario, Canada over any disputes arising between you and Tulipmaniapps, and you further agree to the collection and use of your data in accordance with the terms of our Privacy and Cookies Policy. You may scroll down to review all of the Terms, or you may print these Terms as enabled by your browser.
- The Site and our applications, all content, services and functionality associated with our applications, and certain functionality on the Site (collectively, "Applications") are the exclusive property of Tulipmaniapps and/or its suppliers.
- 2Copyrights, Trademarks and Licensing
- The following, in part, describes the Copyright & Trademark Notice for our Site, Apps and Service.
The entire contents of our Site, Apps and Service are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks are Tulipmaniapps, and/or other third-party licensors or related entities.
You do not own any rights to any article, book, ebook, flipbook, document, PDF, blog post, social media post, code, software, application, add-on, plugin, art, graphic, image, photo, video, webinar, recording or other materials viewed or listened to through or from our Site or Apps or Service or via email or via SMS (Short Message Service) or via social media. The posting of data on our Site or Apps, such as a review or blog comment or reply, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website or apps.
You are granted a non-exclusive, non-transferable, revocable license to use our Site or Apps or Service only for private, personal, educational, non-commercial reasons. No other use is permitted. You may print and download portions of material from the different areas of the Site or Apps or Service solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download from Tulipmaniapps. Also note that any notice on any portion of our Site or Apps or Service that forbids printing and downloading supersedes all prior statements and controls.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, STORE, UPLOAD, POST, TRANSMIT OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON OUR SITE OR APPS OR SERVICE INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES, PHOTOS, VIDEOS, CODE AND/OR SOFTWARE. You must retain all copyright and other proprietary notices contained in the original material on any copy you make of the material. You may not sell or modify the material or reproduce, display, publicly perform, distribute or otherwise use the material in any way for any public or commercial purpose. The use of paid material on any other website or in a networked computer environment for any purpose is prohibited. Reproduction, duplication, or distribution of our Site or Apps or Service or all or any part of its contents for anything other than your personal, non-commercial use is a violation not only of the Terms regarding the use of the Site or Apps or Service, but also of copyright and trademark laws (unless you have written permission from Tulipmaniapps). If you violate any of the terms or conditions, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of the material.
Please see our Copyright and Trademark Notice for more detailed information about our copyrights, trademarks and licensing.
- 3Use of Our Site and/or Apps; Grant of License
- So long as you comply with these Terms, we grant you a non-exclusive, non-transferable, terminable license to view and use the Site or Applications only for entertainment purposes.
The licenses granted to you are conditioned upon your proper conduct and compliance with these Terms at all times, as judged by Tulipmaniapps in its sole discretion and judgment. We reserve the right to suspend or deny at any time, with or without notification, in our sole discretion, your access to all or any portion of the Site or any Applications.
This license allows you to download and/or purchase content (including, but not limited to, Tulip Crush Gems, or other virtual currency, collectively referred to as "Virtual Currency" in these Terms and in-Application virtual content), as well as to access information and Applications. You may also post, upload and distribute content to and through the Site and the Applications in accordance with these Terms.
You do not own the Virtual Currency that you purchase or the content that you acquire in the Applications in exchange for Virtual Currency ("Virtual Items"); you instead have a license to use the Virtual Currency in the Applications. Any Virtual Currency balance shown in your in-Application account or other account on a Site does not constitute a real-world balance or reflect any stored value, but rather indicates the extent of your limited license to use Virtual Currency in the Applications. Tulipmaniapps prohibit and does not recognize any purported transfer of Virtual Currency or Virtual Items effected outside of the Applications. Accordingly, you may not sublicense, trade, sell or attempt to sell or exchange Virtual Currency or Virtual Items for real money or other value of any kind outside of an Application. Any such transfer or attempted transfer is prohibited and void, and will result in the termination of your license to use the Site and the Applications.
We may make changes to the features, functionality or content of our Site or Apps or Service at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our Site or Apps or Service at any time.
- 4License Limitations; Prohibited Conduct
- The licenses granted to you will be revoked, with or without notice, and ineffective if you:
(a) are under age 13 or if you are between the ages of 14 and 17 and have not obtained the consent of your parent or legal guardian;
(b) access the Site or Apps or Service by any means other than through the public interfaces we provide to you;
(c) use any device, software or routine to damage, over-burden or impair the Site or any Applications, which includes the use of a jail-broken or rooted device or tool that enables the operation of the Site or any Applications in a manner that is other than what we intended;
(d) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or interferes with any other user's ability to use or access the Site or any Applications;
(e) use any robot, spider, bot or other automatic device or manual process to monitor or copy any portion of a Site or the Applications without our prior written permission;
(f) copy, reproduce, alter, modify, transfer, sell, lease, loan, create derivative works, or publicly display any Applications or content from the Site or a portion of an Application or the Site;
(g) alter or modify the copyright notices and any other proprietary legends that appear on the Site or any Applications;
(h) have previously had your license to the Site and/or Applications revoked by Tulipmaniapps;
(i) engage in any act that Tulipmaniapps deems to be in conflict with the spirit or intent of these Terms, the Site, the Applications or the Service including, but not limited to, circumventing or manipulating these Terms, our game rules, game mechanics or policies;
(j) make improper use of Tulipmaniapps' customer service or other support services, including by submitting false reports or using profane and abusive language in your communications with any Tulipmaniapps employee or representative;
(k) are located in a country embargoed by Canada or if you are on the OSFI Consolidated List from The Office of the Superintendent of Financial Institutions (OSFI), an independent agency of the Government of Canada; or
(l) fail to comply with any of the provisions of these Terms.
Our Applications and the Site are not intended for use by children under age 13 or persons who have not reached the age of majority under the laws of the applicable jurisdiction. Although most Applications are free to download, some in-Application content, functionality and actions are available only by purchasing of Virtual Currency or content with real money. If you are a parent, legal guardian and other adult responsible for children in your care, you are fully responsible for any use of your credit card or other payment instrument by the children in your care. Parents and other adults who provide our Applications to their children, children in their care or other adults should take precautions to prevent unintended purchases of Virtual Currency or other in-Application content. For example, in the Android operating system environment, you should delete your credit card information in advance of providing your device that includes any Applications to anyone. We accept ABSOLUTELY NO RETURNS on any Virtual Currency or Virtual Items purchases, including those made by children (minors) in your care.
Tulipmaniapps assumes no liability for purchase errors, trial versions, software purchased for the wrong telephone, device or platform, promotion codes or discounts not provided at the time of purchase or any purchased item for any reason ("Purchaser Errors"). Tulipmaniapps shall not be liable for any errors on billing statements issued to you by your carrier or Application distributor. You accept full responsibility for confirming that your device, platform and carrier are supported and that the phone or other device and platform are compatible to the products or services purchased, downloaded or otherwise obtained by you through the Site or Applications. Although Tulipmaniapps will make commercially reasonable efforts to help you obtain the proper software for your device or platform, Tulipmaniapps shall not be liable or responsible for any Purchaser Errors. If you have other questions in connection with any product or service available through the Site, please contact the Tulipmaniapps customer care at email@example.com. We accept ABSOLUTELY NO RETURNS on any software downloads, Virtual Currency or Virtual Items purchases. Please review your system requirements very carefully before making any purchases. You agree to be responsible for obtaining and maintaining all device hardware, software and other equipment needed for access to and use of the Site and/or Applications, and all charges related thereto.
You are solely responsible for the content that you upload, publish, or display through the Site or the Applications. You agree that you will obey all federal, provincial and local laws, regulations and rules that apply to your activities when you access the Site or use the Applications, and you shall respect the rights of all other users of the Site and the Applications. In furtherance of the foregoing, by way of example and not as a limitation, conduct that violates these Terms and which will result in the revocation, with or without notice, of the licenses granted to you to the Site and Applications includes:
(a) using the Site or Applications to harm minors;
(b) uploading Materials, creating a user name, screen name or labelling Materials that contain expressions of hatred, bigotry, racism or pornography or be otherwise objectionable;
(c) creating a user name, screen name or label, or uploading to, distributing through or otherwise publishing through the Site or Applications, any Materials (as defined in Section 4 below) which are indecent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offence, violate the rights of any party or violate any law;
(d) harassing or abusing other end users, Tulipmaniapps or its employees in any manner in any of the Applications or the Site;
(e) uploading Materials that you do not have rights to use or that infringe the copyrights, trademarks or other intellectual property rights of Tulipmaniapps or any third party;
(f) uploading Materials, creating a user name, screen name, or labelling of Materials that disparage in any manner Tulipmaniapps, the Applications or the Site;
(g) uploading or sharing Materials that are commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other users to join or become members of any commercial online website or other commercial organization through the Site or through the Applications is expressly prohibited;
(h) disrupting any software, hardware, telecommunications, networks, servers or other equipment;
(i) uploading or sharing Materials that contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or Applications;
(j) interfering with, disrupting or circumventing any security feature of the Site or Applications or any feature that restricts or implements limitations on the use of or access to the Site or Applications;
(k) attempting to get password, account information or other private or personal information from another user or from Tulipmaniapps;
(l) posting or communicating personal information of others on or through the Site or Applications;
(m) using or communicating exploits to gain an unfair advantage in the Applications;
(n) using, developing or distributing "auto" software, "macro" software or other "cheat utility" software or applications in connection or combination with our Applications;
(o) using rooted or jail-broken devices to use the Applications or the Site;
(p) reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derived the source code or object code for any underlying software or other intellectual property used in the Applications or the Site, or to obtain any information from the Applications or the Site using any method not expressly permitted by Tulipmaniapps;
(r) defrauding or misleading Tulipmaniapps or engaging in any suspicious activity; and
(s) using the Site or Applications in violation of applicable law.
- 5Your License to Tulipmaniapps
- You understand that all information (including, without limitation, ideas contained therein for new or improved products and services), text, data, software, sounds, photographs, audiovisual material, artwork, images, designs, graphics, messages and other materials (the "Materials") that are transmitted to or via the Site or to or via the Applications or by email or by SMS or by social media by all means, and in any form, format, media or technology now known or hereafter developed are the sole responsibility of the person from whom the Materials originated.
"Materials" also includes, but is not limited to, user-created levels or user-created artwork, images, designs, storylines, plots and/or songs and related visual representation, which are submitted by you or other users. This means you and other users, not Tulipmaniapps, are entirely responsible for the Materials you transmit to or through the Site or through Applications. Tulipmaniapps has no obligation to monitor Materials submitted by users, and Tulipmaniapps assumes no responsibility for monitoring Materials for illegal or offensive content. Further, you understand that by using the Site or the Applications, you may be exposed to Materials that are offensive, objectionable or indecent.
If you choose to submit Materials to Tulipmaniapps, you agree that by submitting Materials you grant (or warrant that the owner of such rights has expressly granted) to Tulipmaniapps (and its subsidiaries, affiliates, licensees and each of their successors and assigns, and those acting with Tulipmaniapps' authority) an unrestricted, absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, create derivatives in whole or in part, or otherwise use such Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any Applications, Site and in any of Tulipmaniapps' advertising and promotional materials (Materials combined with any work created by Tulipmaniapps or another user are known as "Works"). The license you grant to Tulipmaniapps allows Tulipmaniapps to display, perform, exhibit, sell, distribute, transmit or broadcast the Works by any media, technology or other means, including those currently known or become known at a later date, without notice to you, attribution or compensation of any kind to you or any third-party, and to grant a sub-license to a third-party to do any of the same actions with the Works and/or the Materials. You also agree that by submitting Materials you waive all rights to, release Tulipmaniapps from, and shall neither sue nor bring any proceeding against Tulipmaniapps for any claim or cause of action, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and or exploitation of the Materials or the Works. You warrant that all so-called "moral rights" in the Materials have been waived. You also agree that Tulipmaniapps is not obligated to utilize the Materials, and understand that Tulipmaniapps may or may not use the Materials in Works.
To the extent any Materials are accessible, visible or usable by other users, you also grant all other users the right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, publicly display and publicly perform such Materials, or any portion thereof, on the Site or in the Applications without any notice, attribution or compensation of any kind to you or any third party; provided, however that the Materials are not derivative works of Tulipmaniapps' intellectual property. You acknowledge that your chats, postings and other communications with other users or with us are public and not private communications and that you have no expectation of privacy for or concerning your use of these communication features of the Site or Applications.
- 6User Submissions
- As a user of our Site or Apps or Service, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things:
(a) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
(b) post material that reveals trade secrets, unless you own them or have the permission of the owner;
(c) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user of our website or any other person or entity;
(e) post a sexually-explicit image;
(f) post advertisements or solicitations of business;
(g) post chain letters or pyramid schemes; or
(h) impersonate another person.
Our Site nor Apps nor Service do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our Site or Apps or Service, or endorse any opinions expressed by users of our Site or Apps or Service. You acknowledge that any reliance on material posted by other users of our Site or Apps or Service will be at your own risk.
Our Site or Apps or Service does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our Site or Apps or Service. If observed by Tulipmaniapps and/or notified by a user of communications which allegedly do not conform to this agreement, Tulipmaniapps may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Tulipmaniapps has no liability or responsibility to users of our Site or Apps or Service for performance or non-performance of such activities. Tulipmaniapps reserves the right to expel users of our Site or Apps or Service and prevent their further access to our Site or Apps or Service for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal or disruptive.
You grant to Tulipmaniapps the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto, without any compensation to you. You agree that you shall have no recourse against our Site or Apps or Service for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our Site or Apps or Service.
- 7User Profile, Scores and Comments
- You agree, acknowledge and accept in addition to appearing in our Site or Apps or Service, your profile, scores, ratings, reviews and/or comments may appear online on our social media properties and may appear on our other partner websites, or offline in other communications materials.
- 8Use and Monitoring; No Endorsement
- You may use the Site and Applications only for their intended purposes.
While Tulipmaniapps has no obligation to monitor the Site or Applications and is not responsible for the content of any Materials or other messages, information or files transmitted on the Site or through the Applications, Tulipmaniapps reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such Materials or other messages, information or files which Tulipmaniapps, in its sole discretion, deems objectionable or otherwise in violation of these Terms, including denying access to the Applications or the Site to anyone at any time. You are hereby notified that your use of the Site and/or the Applications constitutes consent to such actions, monitoring and auditing. Tulipmaniapps does not endorse any communications made by others through the Applications or any other communications on the Site.
- 9Linked Sites
- Certain of our vendors also grant to you a limited license to use their respective software (each a software development kit; an "SDK") which SDKs have been incorporated into our Applications; these vendors prohibit any reverse engineering and/or decompilation of their respective SDKs and do not make any warranties to you.
For your information, the SDKs perform such functions as display advertising and collect data about your usage of the advertising, the Applications, among other functions; the use and collection of your data is subject to the privacy policies of our vendors.
Links may appear on the Site or in Applications, via the SDKs and otherwise, that may be used to link to other websites. These links are provided as a courtesy by our vendors to our Site visitors and Applications Users. Some of the links may extend promotional offers to you in exchange for receiving in-Application content and/or Virtual Currency. These offers may solicit your data and/or personal information. Any charges or obligations you incur in connection with these promotional offers and third-parties are your responsibility. Tulipmaniapps has no control over the linked websites or the materials, information, goods or services available or contained on these linked websites or how your data and/or personal information is used by these linked third-parties. Tulipmaniapps is not responsible for, does not endorse, represent or warrant in any way any third-party's content, goods and/or services even if they are linked to our Site and/or Applications; Tulipmaniapps is not liable for any claim you may have regarding any third-party content, goods and/or services. Also, Tulipmaniapps is not responsible for any privacy or other business practices of such websites or any materials, information, goods or services available through such linked websites. If you decide to access any of the linked websites, you do so entirely at your own risk. Please see our Privacy and Cookies Policy for more information about how Tulipmaniapps may use your information in connection with the Applications and the Sites. Tulipmaniapps reserves the right to terminate any link at any time.
- 10Pricing, Purchasing and Availability of Virtual Currency
- Currently, a license to use Virtual Currency in Applications is available for purchase through some of Tulipmaniapps' Applications.
Tulipmaniapps' Virtual Currency has no monetary value and does not constitute currency or property of any type. Any Virtual Currency balance shown in your Account does not constitute a real-world balance or reflect any stored value, but rather measures the extent of your limited license to use the Applications. Our Virtual Currency may be redeemed for Virtual Items only. Tulipmaniapps' Virtual Currency cannot be sold or transferred, and cannot be exchanged for cash or for any other goods and services. Our Virtual Currency is non-refundable and not returnable for any reason. You acknowledge that you are not entitled to a refund for any unused Virtual Currency or unused Virtual Items when Tulipmaniapps stops making an Application available, whether such action is taken at Tulipmaniapps' discretion or due to unforeseen events.
The price payable by you is the price indicated on the applicable website for the Application or in the Application itself. When you purchase a license to use our Virtual Currency or Virtual Items, or purchase a subscription to use an Application, you agree to pay taxes that we or our agent assesses on your purchase. If you are resident in Europe, the price includes any applicable VAT. We reserve the right to change the price and specifications shown in relation to any Application, any subscription, Virtual Currency and Virtual Items. If the price or specification published on the applicable website for the Application or in the Application itself is materially incorrect when you place an order for the Virtual Currency or Virtual Items and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification, if such confirmation is possible. If applicable, we will also state the period for which the offer or price remains valid. In the event you decide you do not want to complete a purchase, you should, if enabled by your device operating system, select "no" or close the window that requests your confirmation. Otherwise, to the extent the operating system, distributor and other factors permit, we may be able to provide you with a credit; we do not offer any returns or cancellations of purchases.
You may pay for Virtual Currency by using the services of any alternate billing and payment provider (such as Google Checkout and iTunes) identified on the applicable website or in the applicable Application. We will not supply any products or services to you until the alternative billing and payment provider has authorized the use of your card or other applicable method for payment. Your use of the services of an alternate billing and payment provider, you will be bound by that third-party provider's terms and conditions, which are available from the provider. You may be required to create an account with the alternate provider, and to provide that provider with your bank account or credit or debit card details. Costs, specifically data charges and related tariffs, associated with accessing and using the Applications depends on your internet service provider and/or wireless carrier. Please see your provider's terms and conditions.
Virtual Currency may only be held by legal residents of countries where access to and use of the Applications is permitted. A license to use Virtual Currency in our Applications may be purchased or acquired only from Tulipmaniapps through means we provide on the applicable website(s) or applicable Applications or otherwise expressly authorize. We reserve the right to refuse your request(s) to purchase and/or acquire a license to use Virtual Currency in our Applications, and we reserve the right to limit or block any request to purchase and/or acquire a license to use Virtual Currency in our Applications for any reason.
- 11Using Virtual Currency
- Subject to these Terms, you may redeem Virtual Currency for Virtual Items or select Applications.
We do not guarantee that any particular Virtual Item will be available at all times or at any given time. We do not guarantee that we will continue to offer particular Virtual Items for any particular length of time. We reserve the right to change and update the content contained in Applications without notice to you. If you have not used your Virtual Currency for twelve (12) months or more and your account has a Virtual Currency balance, your Virtual Currency shall expire, and your account may be cancelled for non-use. Once you have redeemed your Virtual Currency for Applications or Virtual Items, such Applications and Virtual Items are not returnable, exchangeable, or refundable for Virtual Currency or for cash, or other goods or services.
We may also award, and you may earn, Virtual Currency in connection with promotions, in-Application activities or as a subscription benefit.
- 12Use Charges
- Neither Tulipmaniapps nor any of its affiliates shall have any liability to you for use charges related to any device or service that you use to access the Site or use Tulipmaniapps' Applications, including, without limitation, usage charges for mobile telephones, tablet devices, Internet service providers, car navigation systems, pagers, and other devices, whether wireless, wired, requiring cradle synchronization or otherwise.
- 13Agreement to Conduct Transactions Electronically
- You agree that all of your transactions with or through the Site and/or the Applications may, at our option, be conducted electronically.
You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in "writing".
- 14Suspension, Termination or Cancellation
- Tulipmaniapps may suspend, cancel or terminate your registration and/or account; cancel or suspend your access to Virtual Currency; block your use of the Site or Apps or Service, or direct you to cease using the Site or Apps or Service, with or without notices, if we believe in good faith that (a) you or a related person has engaged in any of the prohibited content covered by Section 4 of these Terms or otherwise breached or may breach these Terms or (b) your account, use of the Site or any Application has been inactive for more than 180 days.
You have the right to cancel your registration or your subscription to our newsletter at any time, and such cancellations will not affect your social networking website account(s) or third-party payment provider account(s). Tulipmaniapps reserves the right to stop making any one or more of the Sites, Virtual Currency and/or the Applications available, at any time, whether on a temporary or permanent basis and without any liability, compensation, refunds or other compensatory benefits to you. Your license to the applicable Site, the Application and/or Virtual Currency automatically ends when Tulipmaniapps terminates access to such Site, Application and/or Virtual Currency. If we stop supporting the Virtual Currency, we will provide at least thirty (30) days advance notice to you by posting a notice on tulipcrush.com.
You have the ability to terminate these Terms by uninstalling or discontinuing your use of the Site and any Applications. To terminate "subscriptions" contact the distributor (for example, Google or iTunes) that you purchased your subscription from, and consult the applicable distributor's terms of service.
To the extent that you violate these Terms and Tulipmaniapps revokes the licenses granted to you to the Site and Applications, you will lose all benefits and privileges associated with the Sites and the Applications, including, but not limited to, your Virtual Currency and Virtual Items. Tulipmaniapps is under no obligation to compensate you for any such losses or results.
- 15Submitting Feedback; Communications from Us
By subscribing to our social networking outlets, such as our Twitter feed, Google Plus brand pages, Pinterest pages/boards, YouTube channels, Facebook fan pages or Instagram feed, or setting up an account for Tulipmaniapps, you understand that you may receive periodic information, by e-mail or other medium, regarding current and future Applications or changes to the Site. With respect to the third-party social networking outlets, you understand that you can use the settings of the applicable social network to stop or limit the communications we send through such social network outlets. We may provide forums, chat areas, bulletin boards, or e-mail functions in or through the Sites or Applications and periodic newsletters. If you subscribe to our newsletters, you understand that you may receive period information by email or other medium from us regarding current and future Applications or changes to the Site, and that you may unsubscribe from receiving newsletters at any time by following the procedures made available through the newsletters.
Most of our Applications are capable of sending you notifications, known as pop-ups and push notifications and will send you such notifications to alert you to in-Application activity (completed tasks, levels and the like) as well as promotions and sales for in-Application content. You may choose to not receive or stop receiving such notifications by either playing in an off-line mode or a changing your device settings to decline or disable such notifications.
- 16Your Representations and Warranties
- You represent and warrant for the benefit of Tulipmaniapps, its affiliates and any third-parties mentioned on the Site or in the Applications that:
(a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms;
(b) all information submitted by you to the Site or the Applications is true and accurate;
(c) you will not use the Site or any Applications for any purpose that is unlawful or prohibited by these Terms;
(d) you will make and maintain back-up copies of any Materials which you upload or otherwise distribute through the Site or the Applications; and
(e) you possess all legal rights in and to the Materials which you post, upload or distribute through the Site and such Materials are (i) not in violation of any applicable laws, contractual restrictions or other third party rights, (ii) free of viruses, adware, spyware, worms or other malicious code, and (iii) do not otherwise violate these Terms.
- 17Links to Our Website
- You may provide links to our Site, provided you do not change, remove or obscure the copyright notice or other notices on our Site.
Your website or other source of links must not engage in illegal or pornographic activities. Also, you may link provided you understand that you must stop linking to our Site immediately upon request by Tulipmaniapps.
- 18Links to Other Websites
- Our Site, Apps and Service contain links to third-party websites.
Users may, through hypertext or other computer links, gain access to other websites on the Internet, which are not part of our Site or Apps or Service and which are not controlled by Tulipmaniapps. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tulipmaniapps of the site.
TULIPMANIAPPS ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF OUR SITE OR APPS OR SERVICE WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.
When you access a website from our Site or Apps or Service, please understand that it is independent from our Site or Apps or Service, and that our Site or Apps or Service has no control over the content on that website. Our Site or Apps or Service is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of material on such third-party websites, which you may access through this Site or Apps or Service or which may link to this Site or Apps or Service. If you decide to access linked third-party websites, you do so at your own risk. Unless otherwise properly indicated on a website, Tulipmaniapps is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of Tulipmaniapps. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
- 19Third-Party Products/Services
- You understand that, except for information, products or services clearly identified as being supplied by our Site or Apps or Service, our Site or Apps or Service does not operate, control or endorse any information, products or services on the Internet in any way.
Except for information identified by our Site or Apps or Service as such, all information, products and services offered through our Site or Apps or Service or on the Internet generally are offered by third-parties that are not affiliated with our Site or Apps or Service, and we may be compensated.
- 20Privacy and Cookies
- Our Privacy and Cookies Policy is part of, and incorporated into, these Terms. Please take time to review it.
- 21No Warranties; "As Is"
- THE SITE, APPLICATIONS, VIRTUAL CURRENCY, VIRTUAL ITEMS, CONTENT AND PRODUCTS OFFERED AT THE SITE OR THROUGH ANY APPLICATIONS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND.
TULIPMANIAPPS HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, CONTENT AND MATERIALS ON THE SITE, AND APPLICATIONS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, CONTENT, MATERIALS AND APPLICATIONS IS BORNE BY YOU. TULIPMANIAPPS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- 22Viruses, Malware, etc.
- You also understand that Tulipmaniapps cannot and does not guarantee or warrant that files available for downloading through our Site or Apps or Service will be free of infection or viruses, worms, Trojan horses, malware or other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our Site or Apps or Service for the reconstruction of any lost data.
- 23Assumption of Risk
- YOU ASSUME ALL RISKS THAT THE SITE AND APPLICATIONS ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOUR USE OF THE SITE, MATERIALS AND APPLICATIONS IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA RESULTING THERE FROM.
OUR WEBSITE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED INFORMATION "AS IS" AND "AS AVAILABLE" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
SIMILARLY, YOU AGREE THAT BY PARTICIPATING IN FORUMS, VISITING CHAT ROOMS, SOCIAL MEDIA OR USING OTHER APPLICATIONS, YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
- 24Dangerous Activities
- TULIPMANIAPPS DOES NOT RECOMMEND USE OF ITS GAMES, APPLICATIONS OR OTHER SERVICES DURING CERTAIN ACTIVITIES, SUCH AS DRIVING, RIDING A BICYCLE OR SKATEBOARDING, WHERE A SIGNIFICANT RISK OF INJURY OR ACCIDENT EXISTS.
YOU AGREE NOT TO USE TULIPMANIAPPS' APPLICATIONS OR OTHER SERVICES DURING SUCH ACTIVITIES AND ACKNOWLEDGE THAT ANY SUCH USE WOULD BE A VIOLATION OF THESE TERMS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR SOLE RISK AND TULIPMANIAPPS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY NATURE RESULTING FROM SUCH USE.
- 25Social Media Warning (Divulgence of Personal and Private Information)
- Social media has provided a platform for Internet users to disclose much personal information about themselves, in a way that seems innocuous, if not proper and expected.
However, more than a few folks have already lived to regret personal information that was shared either by them or others. This has long been true of simple email. It is exponentially true of social websites and applications for social media on any other website, including this one. You are cautioned against carelessly disclosing information.
- 26Limitation of Liability and Damages
- The content may contain inaccuracies or typographical errors.
Our Site nor Apps nor Service makes no representations about the accuracy, reliability, completeness, availability or timeliness of the content or about the results to be obtained from using our Site or Apps or Service or the content on it. Use of our Site or Apps or Service and the content is at your own risk. Changes are periodically made to our Site or Apps or Service, and may be made at any time without any prior notice or comment thereafter.
TULIPMANIAPPS DOES NOT WARRANT THAT OUR SITE OR APPS OR SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE OR THAT OUR SITE OR APPS OR SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF COMPUTER VIRUSES, MALWARE, MALICIOUS CODE AND OTHER HARMFUL COMPONENTS OR CONDITIONS, OR THAT DEFECTS WILL BE CORRECTED. IF YOUR USE OF OUR SITE OR APPS OR SERVICE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TULIPMANIAPPS IS NOT RESPONSIBLE FOR THOSE COSTS.
TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE, NOR ANY OF OUR AFFILIATES OR AGENTS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, ITS CONTENT, OR APPLICATIONS, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT TULIPMANIAPPS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TULIPMANIAPPS LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SITE AND APPLICATIONS AND OPERATORS OF EXTERNAL SITES AND SERVICES. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TULIPMANIAPPS IS TO STOP USING THE SITE, APPLICATIONS AND/OR SERVICE. YOU HEREBY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- 27Express Disclaimer of Consequential Damages
- IN NO EVENT WILL OUR SITE OR APPS OR SERVICE, ITS SUPPLIERS, OR ANY THIRD-PARTIES MENTIONED AT OUR SITE OR APPS OR SERVICE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOME, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR APPS OR SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE OR APPS OR SERVICE, OR DOWNLOADED FROM THE SITE OR APPS OR SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF OUR SITE OR APPS OR SERVICE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE OR APPS OR SERVICE.
IN SUCH PROVINCES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR OUR SITE OR APPS OR SERVICE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR SITE OR APPS OR SERVICE. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TULIPMANIAPPS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF TULIPMANIAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE OR APPS OR SERVICE, ITS CONTENT, OR ANY WEBSITE OR CONTENT WITH WHICH OUR SITE OR APPS OR SERVICE IS LINKED OR WHICH IS PROVIDED IN CONNECTION WITH OUR SITE OR APPS OR SERVICE. IN NO EVENT SHALL TULIPMANIAPPS' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE OR APPS OR SERVICE.
- 28Exclusive Remedies
- You agree that your exclusive remedy for any breach of these Terms by us or any of our affiliates or agents shall be, at our option:
(a) substitution or replacement of all or part of the Site, Application, Virtual Currency or Virtual Item that gives rise to damages incurred by you in reasonable reliance on us; or
(b) in the event that (a) is not possible to provide, refund of monies you have paid to Tulipmaniapps in the past 180 days.
You agree that the damage exclusions in the Agreement and this limitation of liability shall apply even if any remedy fails of its essential purpose.
- YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF TULIPMANIAPPS, ITS OWNERS, PARENT, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENCORS, SUPPLIERS, ANY THIRD-PARTY INFORMATION PROVIDERS, AFFILIATES, RELATED COMPANIES AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LOSSES, EXPENSES, DAMAGES AND/OR COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES RESULTING FROM OR RELATED TO YOUR ACCESS TO OR USE OF OUR SITE OR APPS OR SERVICE OR YOUR USE OF OR RELIANCE ON OR PUBLICATION, COMMUNICATION OR DISTRIBUTION OF ANYTHING FROM THE OUR SITE OR APPS OR SERVICE OR ANY BREACH OF THESE TERMS AND CONDITIONS (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR ANY OTHER PERSON ASSESSING OUR SITE OR APPS OR SERVICE).
You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you.
- 30Third-Party Rights
- The provisions of sections 3 (Use of Our Site and/or Apps; Grant of License), 4 (License Limitations; Prohibited Conduct), 5 (Your License to Tulipmaniapps), 6 (User Submissions), 7 (User Profile, Scores and Comments) and 29 (Indemnification) are for the benefit of our Tulipmaniapps and its owners, officers, directors, employees, agents, licensors, suppliers, any third-party information providers, affiliates and related companies, and its owners, officers, directors, employees, agents, licensors and suppliers.
Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
- 31Term; Termination
This Agreement, in whole or in part, may be terminated by Tulipmaniapps without notice at any time for any reason. The provisions of sections 2 (Copyrights, Trademarks and Licensing), 3 (Use of Our Site and/or Apps; Grant of License), 4 (License Limitations; Prohibited Conduct), 5 (Your License to Tulipmaniapps), 6 (User Submissions), 7 (User Profile, Scores and Comments), 20 (Privacy and Cookies), 29 (Indemnification) 30 (Third-Party Rights), 33 (Modification), 34 (Assignability), 35 (Contra Preferentum), 36 (Severability), 37 (This Agreement Prevails), 38 (No Waiver of Contractual Rights), 39 (Jurisdiction and Governing Law) and 40 (Disputes) shall survive any termination of this Agreement, in whole or in part.
- 32Amendments; Complete Agreement
- You agree that we may from time to time amend or add to these Terms ("Amendments"), including without limitation, Amendments that add registration fees or change payment methods or requirements.
Notice of such Amendments will be posted on the Site. In addition, we may, at our discretion, provide you with additional notice of Amendments within the Applications. Amendments will be effective not less than ten (10) days after notice unless another time is specified by us. Your use of the Site and/or the Applications after the effective date of any Amendments shall be your consent to those Amendments and to these Terms as amended. If you do not want to be bound by an Amendment, you will need to terminate your registration, if any, and/or refrain from using the Site or Tulipmaniapps' Applications after that date. These Terms and any Amendments, your registration and any consents provided by you and the disclosures provided by us on the Site and/or the Applications constitute the entire agreement between you and us and supersede any prior written or oral agreements between the parties. To the extent these Terms or Tulipmaniapps' Privacy and Cookies Policy conflict with any other Tulipmaniapps terms, policy, rules or codes of conduct, these Terms and Tulipmaniapps' Privacy and Cookies Policy shall govern. No changes proposed by you or us will be effective unless and until they appear in these Terms or in the Amendments as posted by us on the Site and/or the Applications. No other amendments will be valid unless they are in a paper writing signed by us and by you. For the purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.
- 35Contra Preferentum
- If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
- 37This Agreement Prevails
- 38No Waiver of Contractual Rights
- The failure of either party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these Terms.
Any rights not expressly granted herein are reserved to Tulipmaniapps.
- 39Jurisdiction and Governing Laws
- Tulipmaniapps operates the Site and Apps from its offices in Ottawa, Ontario, Canada and makes no representations that content in the Site or the Applications are appropriate or available for use in other locations.
Access to the Site or Applications from any territory where the content is illegal is prohibited. If you choose to access the Site or use the Applications from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site or Apps alone does not subject Tulipmaniapps to any specific jurisdiction. You may not use or export any of the Site content or Applications in violation of Canadian export laws and regulations. Any claim related to the use of the Site or the Applications shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as applied to agreements made and to be performed entirely therein. Any action brought in connection with the Site or Applications or any other Tulipmaniapps content or services shall be brought in either the provincial or federal courts with jurisdiction in Ottawa, Ontario. The parties hereby waive any claim or defense that such forum is not convenient or proper and consent to service of process by any means authorized by Ontario law. Translations of these Terms have been provided for your convenience only; the English-language version of these Terms shall control in all respects in any dispute.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt-out of any class proceedings against us.
- 41General Notices
- All notices required by or allowed under these Terms, including notices of problems and/or inaccuracies in the Site or Applications should be addressed to: Tulipmaniapps, 2-197 Glebe Avenue, Ottawa, Ontario, K1S 2C6.
Communications made through the Site's email and messaging system shall in no way be deemed to constitute legal notice to Tulipmaniapps or any of its officers, employees, agents or representatives, with respect to any existing or potential claim or cause of action against Tulipmaniapps or any of its affiliates, officers, employees, agents or representatives, where notice to Tulipmaniapps is required by contract, or any federal, provincial or local laws, rules or regulations. If, but only if, applicable law requires that we accept email notices, then you may send us email notice at firstname.lastname@example.org. With respect to our notices to you, we may provide notice of Amendments by posting them on the Site and you agree to check for changes. Instead, or in addition, we may give notice by sending email to the email address you provide during registration or otherwise. Notice shall be deemed given twenty-four (24) hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
- 42The Personal Information Protection and Electronic Documents Act
- WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE APPLICATIONS OR ON THE SITE OR ANY WEB SITE LINKED TO THE SITE OR THROUGH THE APPLICATIONS.
We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site or Apps or Service, or otherwise connected with your use of the Site or Applications or Service.