Terms of Use
This agreement is effective as of June 12, 2008
Tupalo.com Terms of Usage and Guidelines
Thanks for your interest in Tupalo (defined herein as "Tupalo", "the service", "us", "we" and "the site"). This terms of usage declaration describes the legal framework in which you are able to participate on Tupalo, what your rights and responsibilities are concerning the usage of Tupalo and what level of service you can expect from us. Be aware that by using the services provided by Tupalo, by accessing the Tupalo site located at tupalo.com and by visiting any or all linked pages owned and maintained by Tupalo you agree to be bound to and accept this Terms of Use agreement. Please read and understand these terms as they are laid out to you, if you are unwilling to be bound by these Terms of Use then immediately discontinue usage of all services provided by Tupalo.Changes to the Agreement or to Tupalo Services
You agree and understand that these Terms of Use, the services provided by Tupalo or the Tupalo site can and may be modified by Tupalo at any time without prior notification. Any such modifications will be effective upon Tupalo's posting of the updated terms and/or updates made to the Tupalo site or services. Any new enhancements, features or modifications to the service Tupalo provides which are implemented after your initial access of the site shall be subject to these Terms of Use. Any such changes to Tupalo will be publicly announced via the official Tupalo blog.I. Disclaimer
Tupalo is not responsible for any incorrect or inaccurate content posted through any services offered via Tupalo or in connection with the usage of this web site. Tupalo is not responsible for the conduct, online or offline, or any user or registered member of this site or service. Tupalo assumes no responsibility for the accuracy of any content or information posted on or to Tupalo. Tupalo assumes no responsibility for any abuse, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Tupalo does not guarantee a level of technical quality and is thus not responsible for any problems or technical malfunctions of any network lines, computer system, servers, providers or software malfunctions to the user's computer or workstation which may occur in connection with the usage Tupalo. Under no circumstances will you as a user hold Tupalo responsible for any damage or loss, including personal death or personal injury, resulting from your or anyone else's usage of Tupalo's site and services.The services provided by Tupalo are AS-IS and Tupalo disclaims any warranty, implied or otherwise. Tupalo cannot and will not guarantee any specific results from the usage of this website and/or service. No communication, oral or written, obtained via users from Tupalo through our offered services will create or imply and warranty or guarantee from Tupalo.
II. Eligibility
You must be at least 18 years of age, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, in order to take advantage of the services provided by Tupalo. By registering and using Tupalo you warrant that (1) all registration information provided by you is accurate and truthful; (2) the accuracy of such information will be maintained by you; (3) you meet the required minimum age for membership of Tupalo; and (4) your usage and future usage of Tupalo does not and will not violate any applicable laws or regulations. If you are under the age of 18 and wish to use the services provided by Tupalo you must do so under the supervision of your legal parent or guardian. If you do not qualify for any of these terms immediately cease your usage of this service. Membership to Tupalo is void where prohibited by applicable law and the right to access the Tupalo service and site will be revoked in those jurisdictions. All users accessing the Tupalo site or service are responsible for compliance with any local laws applicable to their usage.You are aware that we may possibly restrict your account access or ban your account outright if any abuse of the terms outlined in this Terms of Use is discovered to have occurred on your part.
You agree to comply with all site rules stated within these Terms of Use, specifically the Tupalo Privacy Policy, which has been incorporated into
III. Limitation on Liability
Except in jurisdictions where such provisions are restricted, Tupalo will not be held liable, in any event, to you or any third person for any indirect, consequential, incidental, punitive or special damages, including the loss of profits arising from your usage of this website or service, even if Tupalo administrators have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Tupalo's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Tupalo for the service during the term of membership.IV. Member Conduct
You understand and accept that all reviews, comments, data, text, photographs, messages, tags or other materials ("Content"), whether publicly posted or transmitted privately, are the sole responsibility of the originating user. This means that you, not Tupalo, are entirely responsible for all content that you create, edit, post or otherwise make available via Tupalo ("The Service"). Tupalo does not control Content posted via The Service, does not guarantee the accuracy, integrity or quality of such Content. By using this Service, you understand and accept that you may be exposed to Content that is deemed offensive, indecent or objectionable. You understand and accept that under no circumstances will Tupalo or it's operators be held liable in any way for any Content, including, but not limited to, errors or omissions, or any loss or damage incurred as a result of Content posted, email, transmitted or made available through the Service.By using Tupalo, you agree to NOT use the Service in order to:
- Harm or abuse minors or peers in any way;
- Post, upload, email, message, transmit or otherwise make available any Content that is harmful, unlawful, threatening, abusive, defamatory, vulgar, libelous, hateful, invasive or racially, ethnically, gender-specific or otherwise abusive or objectionable;
- Post, upload, email, message, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation;
- Impersonate any person or entity, including, but not limited to a Tupalo official, moderator, guide, host or administrator, or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Forge headers or otherwise manipulate identifiers in order to discuise the origin of any Content made available through the Serice;
- Upload, post, email, message, transmit, link to or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or intended to interrupt, destroy or limit the functionality of any computer software, hardware, mobile or telecommunications equipment;
- Interfere with or disrupt the Service, servers or networks connected with the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Provide support, material or resources, or conceal the nature, location, source or ownership of support, to any organization(s) designated by local, national or international law enforcement agencies as a terrorist organization;
- Harass, stalk or otherwise abuse another person, business, organization or entity either directly or indirectly connected to the Service;
V. Member Disputes
You, as a user, are solely responsible for your interactions with other Tupalo users and members. Tupalo will not be held responsible for any disputes which may arise between it's users or members, however Tupalo reserves the right to monitor disputes between you and another user of Tupalo's services.VI. Miscellaneous
Any dispute about or involving Tupalo and/or the Tupalo Service, by using the Tupalo Site, you agree that the dispute will be governed by the laws of the City of Vienna without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the Country of Austria, State of Vienna, City of Vienna. No partnership, joint venture, or employment is created as a result of accepting these Terms of Use and you do not have any authority of any kind to represent Tupalo in any respect whatsoever. Tupalo may provide you with updates, including those regarding changes to the Terms of Use by email, private message or postings on the Tupalo Service.These Terms of Use, accepted by you upon the usage of the Tupalo Service, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Tupalo regarding the use of the Tupalo Site and/or the Tupalo Service. The failure of Tupalo to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited and/or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include Tupalo's acceptable use policy for Content posted on the Tupalo Site, Tupalo's Privacy Policy, and any notices regarding the Tupalo Service.
VII. Ownership
The Tupalo Site and Tupalo Service (including, but not limited to, text, photographs, graphics, video and audio) are protected by copyright as collective works or compilations under the copyright laws of the Austria, the United States and other countries. All individual articles, Content and other elements comprising the Tupalo Site and Tupalo Service are also copyrighted works.Except for the Posted Content submitted by users, the Tupalo Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Tupalo or its licensors. You acknowledge that the Tupalo Service and any underlying technology or software used in connection with the Tupalo Service contain Tupalo's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Tupalo Site, or Tupalo Services in whole or in part except as expressly provided in Tupalo's policies and procedures made available via the Tupalo Service. Except as expressly and unambiguously provided herein, Tupalo and its suppliers do not grant you any express or implied rights, and all rights in the Tupalo Service not expressly granted by Tupalo to you are retained by Tupalo.
By posting Content on the Tupalo Service, you agree to and hereby grant, and you warrant that you have the right to grant, Tupalo, and the users of the Tupalo Service an irrevocable, perpetual, royalty-free, fully sub-licensable, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content. This license is non-exclusive, except you agree that Tupalo shall have the exclusive right to practice this license to the extent of combining your Content with the Content of other Tupalo users for purposes of constructing a searchable database of business listings, reviews, photos, videos and audio Content posts.
By posting Content on the Tupalo Service, you agree to and hereby acknowledge, that your Content may be distributed together with your Profile Information (excluding your personally identifiable information, such as your email address or full last name) to third parties who in turn may display or publish such information in connection with their own websites, search engines, products, mobile platforms, and other media, whether electronic in nature or otherwise.
We may disclose information about you and your use of this website if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of our affiliates or the public. We are not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that we receive.
Further, we may share information in order to investigate, prevent, or take action regarding illegal activities or suspected fraud, or to enforce or apply the terms and conditions of the Terms of Use of Tupalo.
We reserve the right to transfer information about you and your use of this website in the event of a transfer of ownership of Tupalo, such as an acquisition by or merger with another company. In such an event, Tupalo will notify you before information about you is transferred and becomes subject to a different privacy policy.
