This Terms and Conditions was last revised on August 5, 2016.
This agreement contains the terms and conditions (the "Terms of Service") under which www.tuliply.com ("Tuliply", "we" or "us") offers you (the "user" or "you"), access to its website www.tuliply.com (the "Site") and Tuliply's Services (as defined below). Among other things, these Terms of Service describe the user's responsibilities and limit Tuliply's liability. Before using any of the Services, please read all these Terms of Service and the Site carefully. In the event of any conflict between these Terms of Service and any other provisions set forth in the Site, these Terms of Service will control.
Tuliply reserves the right, in its sole discretion, to amend these Terms of Service at any time upon posting the amended terms on the Site, or upon providing notice thereof by electronic or conventional mail or any other reasonable means. The amended terms shall automatically be effective. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user's continued use of the Site and the Services following Tuliply's posting of any changes will constitute the user's acceptance of such changes.
Tuliply's services, which are available on the Site help you find and browse information related to beauty, and allow you to submit information to the Site, and enjoy a wide variety of other content for your own use and for viewing by other users (the "Services"). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Service. These Terms of Service apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by Tuliply. Tuliply has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. Tuliply will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve Tuliply from any and all liability arising from your use of any third-party website.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is over 18 years of age, to register as a Tuliply member or to use the Site and Services. If you are under the applicable age, you can use the Site under the supervision of your parent or guardian who has agreed to the Terms of Service. However, you must be 13 years or older to use the Site in compliance with the Children's Online Privacy Protection Act (COPPA). If you do not qualify, please do not use the Site or Services. The Site and Services are administered in Singapore and are intended for Singapore users. Any use outside of Singapore is at the user's own risk and international users are responsible for compliance with local laws.
Subject to the Restrictions on Rights to Use in these Terms of Service, Tuliply hereby grants you permission to use the Site and Services, provided that
You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:
We encourage you to submit to the Site a variety of content ("User Submissions"). You understand that whether or not such User Submissions are published, Tuliply does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
**In connection with User Submissions, you further agree that you will not:**
Tuliply does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Tuliply expressly disclaims any and all liability in connection with User Submissions. Tuliply reserves the right to remove User Submissions without prior notice. Tuliply will also terminate a User's access to the Site, if they are determined to be repeat offenders. Tuliply also reserves the right to decide whether User Submissions are appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Tuliply may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that Tuliply is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Tuliply with respect thereto, and agree to indemnify and hold Tuliply, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
The content on the Site, with the exception of Third Party Content and User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Tuliply, subject to copyright and other intellectual property rights under international laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Tuliply reserves all rights not expressly granted in and to the Site and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Tuliply, you hereby grant Tuliply a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Tuliply's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Tuliply Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Service.
Tuliply does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Tuliply will remove any Content or User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content or User Submission on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
Tuliply's designated Copyright Agent to receive notifications of claimed infringement is: email: firstname.lastname@example.org.
Tuliply contains strictly opinion-based information. The content of the Site is fact-checked to the best of our abilities but will, no doubt, contain errors of typing, spelling, intent, rumor, presumption... etc. Tuliply may, in the future, develoip an affiliate program whereby beauty related companies sell products through links provided on the Site. In return, Tuliply will be paid a varying percentage of the sales price of sales originating from the Site. Tuliply is committed editorial integrity and honesty and by no means does its affiliate program affect what we choose to cover, or what we say in our editorial coverage.
TULIPLY'S SITE AND SERVICES AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TULIPLY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) TULIPLY MAKES NO WARRANTIES, AND EXPRESSLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (b) TULIPLY MAKES NO WARRANTIES THAT ITS SITE OR SERVICES, OR THE SERVICES AVAILABLE THROUGH THE SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OPERATE WITHOUT ERROR OR BE FREE OF SOFTWARE ERRORS OR COMPUTER VIRUSES. NOR DOES TULIPLY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE; (c) TULIPLY DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; (d) TULIPLY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) TULIPLY EXPRESSLY DISCLAIMS ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF TULIPLY.
(a) UNDER NO CIRCUMSTANCES WILL TULIPLY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THESE TERMS OF SERVICE OR TULIPLY'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. IN ANY CASE, TULIPLY'S LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE AMOUNT CHARGED IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, ONE HUNDRED U.S. DOLLARS ($100.00). (b) Limited Liability with Respect to Products and Services Available Through the Site. UNDER NO CIRCUMSTANCES WILL TULIPLY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS OR SERVICES AVAILABLE THROUGH TULIPLY'S SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. (c) Caveat. Some states, to the extent their law might be deemed to apply, might not allow the limitation of liability, so the foregoing limitations might not apply to you.
You agree to indemnify and hold Tuliply, and its affiliates, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys' fees, and further including any injuries to third parties arising out of or relating to
You and Tuliply are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Service.
You may not assign these Terms of Service or any of your rights hereunder to a third person without first obtaining our express written consent.
(a) TULIPLY and TULIPLY.COM, are trade or service marks of Tuliply. Use of the Site does not create any express or implied right to use such trade or service marks, and such trade or service marks may not be used in connection with any product or service that is not properly authorized by Tuliply, in any manner that is likely to cause confusion or in any manner that disparages or discredits Tuliply. (b) The use of any name, trademark, tradename, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third party making products or services available on the Site should not be construed as an endorsement or sponsorship of the Site by any such third party, or as the participation by any such third party in the offering of goods or information through the Site.
(a) Governing Law. THESE TERMS OF SERVICE, AND ALL ASPECTS OF THE RELATIONSHIP AND DEALINGS BETWEEN YOU AND TULIPLY, SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, I.E., AS SUCH LAW IS APPLIED TO TERMS OF SERVICES, RELATIONSHIPS OR DEALINGS ENTERED INTO AND PERFORMED ENTIRELY WITHIN THE STATE OF CALIFORNIA. IF YOU ARE UNWILLING TO HAVE CALIFORNIA LAW APPLIED, DO NOT USE THE SITE. If any provision of these terms of service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. (b) Complete Terms of Service. These Terms of Service and the materials expressly incorporated herein by reference constitute the full and complete Terms of Service between you and Tuliply. You and Tuliply have not relied upon any promises, representations, statements or undertaking other than those set forth herein. No oral modifications to these terms of service are permitted or valid. (c) JURISDICTION. ANY LAWSUIT THAT ARISES BETWEEN YOU AND TULIPLY IN CONNECTION WITH OR RELATED TO THESE TERMS OF SERVICE, THE SITE OR THE SERVICES SHALL BE BROUGHT EXCLUSIVELY IN EITHER THE STATE OR FEDERAL COURTS IN THE CITY AND COUNTY OF LOS ANGELES. YOU AND TULIPLY EXPRESSLY CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF SUCH COURTS. (d) Section Headings. The section titles of these terms of service are for convenience only and have no legal or contractual effect.
Tuliply may, in its sole discretion, terminate these Terms of Service and your use or access to the Site immediately and without notice for any reason.