Tupalo.com Terms of Usage and Guidelines
This agreement is effective as of August 11, 2009
Thanks for your interest in Tupalo.com (defined herein as “Tupalo.com”, “the Service”, “Us”, “We” and “the Site”). This Terms of Service declaration describes the legal framework in which you are able to participate on Tupalo.com, what your rights and responsibilities are concerning the usage of Tupalo.com and what level of service you can expect from us. Be aware that by using the services provided by Tupalo.com, by accessing the Tupalo.com site located at http://tupalo.com. and by visiting any or all linked pages owned and maintained by Tupalo.com you agree to be bound to and accept this Terms of Service 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 Service then immediately discontinue usage of all services provided by Tupalo.com.
- A “User” is anyone who accesses, browses, crawls, scrapes or in any way uses the Site or Service. The terms “You” and “Your” refer directly you as a of the Site. The terms “We”, “Us” and “Tupalo.com” refers to Tupalo Internetservices GmbH, a Vienna-based limited corporation.
- “Content” means text, ratings, images, audio, video and all other forms of data and communication on the Site.
- “Site Data” specifically refers to any and all business-related listings information such as Address, Telephone Number, URL and other related business information.
- “User-Generated Content” means Content that Users create, submit, post, transmit to to or through the Site
- “Your Content” means Content that you create, submit, post or transmit to the Site, such as business ratings, reviews, votes, profile information, invitation, comments, discussions or other commentary that you may create, submit, post or transmit to the Site. Your Content does not include the information that you submit in order to create an account on the Site.
- Site Content means all Content made available on the SIte, including Your Content, User-Generated Content, Site Data and Your Content.
- “Third Party Content” means Content that is made available on the Site by parties other than Tupalo.com or users, such as data providers or partners that license data for Tupalo.com to us on the Site.
Changes to the Agreement or to Tupalo.com Services
You agree and understand that these Terms of Service, the services provided by Tupalo.com or the Tupalo.com site can and may be modified by Tupalo.com at any time without prior notification. Any such modifications will be effective upon Tupalo.com’s posting of the updated terms and/or updates made to the Tupalo.com site or services. Any new enhancements, features or modifications to the service Tupalo.com provides which are implemented after your initial access of the site shall be subject to these Terms of Service. Any such changes to Tupalo.com will be publicly announced via the official Tupalo.com blog.
Tupalo.com is not responsible for any incorrect or inaccurate content posted through any services offered via Tupalo.com or in connection with the usage of this web site. Tupalo.com is not responsible for the conduct, online or offline, or any user or registered member of this site or service. Tupalo.com assumes no responsibility for the accuracy of any content or information posted on or to Tupalo.com. Tupalo.com 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.com 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.com. Under no circumstances will you as a user hold Tupalo.com responsible for any damage or loss, including personal death or personal injury, resulting from your or anyone else’s usage of Tupalo.com’s site and services.
The services provided by Tupalo.com are AS-IS and Tupalo.com disclaims any warranty, implied or otherwise. Tupalo.com 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.com through our offered services will create or imply and warranty or guarantee from Tupalo.com.
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.com. By registering and using Tupalo.com you warrant that:
- all registration information provided by you is accurate and truthful;
- the accuracy of such information will be maintained by you;
- you meet the required minimum age for membership of Tupalo.com; and
- your usage and future usage of Tupalo.com 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.com 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.com is void where prohibited by applicable law and the right to access the Tupalo.com service and site will be revoked in those jurisdictions. All users accessing the Tupalo.com 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 Service is discovered to have occurred on your part.
To use some of the features on the Site, you may be required to create an account and provide information about yourself. You are responsible for maintaining the confidentiality of your account password in addition for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account.
We reserve the right to close your account at any time for any or no reason.
There are two types of accounts:
- A “Personal Account” is an account for your personal, non-commercial use only, and may be used to submit, post, and transmit reviews, ratings, messages, votes, commentary, photos and other types of User-Generated Content. In creating a Personal Account, we request you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Site, though you may opt instead to provide information that does not make you personally identifiable. Notwithstanding the foregoing, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Personal Accounts.
- A “Business Account” is an account for use on the Site as a representative of a business that is listed on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business or Personal Accounts for the same business.
By using Tupalo.com you agree that you will not:
- use any automated service, robot, spider or site retrieval application, device or process as a means to access, copy, index, retrieve, or scrape any Site Content or Site Data in order to construct or populate a search-able index and/or database of business data and/or reviews;
- create your own commercial product, service or solution containing any Site Data, Site Content or User-Generated Content (other than Your Content) obtained through any means from Tupalo.com;
- adapt, appropriate, create derivative works or adaptations of, distribute, translate, modify, publicly display, sell, trade or in any way exploit the Site, Site Data, Site Content or User-Generated Content (other than Your Content), except as expressly authorized by Tupalo.com;
- use the site for commercial or promotional purposes except in ways expressly permitted by Tupalo.com;
- use the Site in a manner that may create a conflict of interest, such as trading reviews with or soliciting reviews from other business owners;
- use the site for keyword spamming or to otherwise attempt to manipulate search engine results and ranking;
- use the Site in violation of this Terms of Service or any applicable local, state, federal or international law;
- take any action that imposes or may impose in the future and unreasonable load on Tupalo.com’s serving and technological infrastructure;
- 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.com 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 disguise the origin of any Content made available through the Service;
- 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;
- 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;
User Conduct and Responsibilities
You understand and accept that all reviews, comments, data, text, photographs, messages, tags or other materials (“Content” and “User-Generated Content”), whether publicly posted or transmitted privately, are the sole responsibility of the originating user.
This means that you, not Tupalo.com, are entirely responsible for all content that you create, edit, post or otherwise make available via Tupalo.com. Tupalo.com 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.com 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;
- you acknowledge and accept that Tupalo.com may or may not pre-screen Content, but that Tupalo.com, it’s administrators and moderators shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service.
- Tupalo.com and it’s administrators have the right to remove any Content that violates these Terms of Service or is deemed otherwise objectionable at Tupalo.com and it’s administrators discretion.
- you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. By doing so, you acknowledge and accept that you may not rely on any Content created through and hosted by the Service, including, without limitation, any information or opinions expressed through any message boards, reviews, comments or forums hosted throughout the Service;
You, as a user, are solely responsible for your interactions with other Tupalo.com users and members. Tupalo.com will not be held responsible for any disputes which may arise between it’s users or members, however Tupalo.com reserves the right to monitor disputes between you and another user of Tupalo.com’s services.
Tupalo.com owns the Tupalo.com Content, including but not limited to interactive features, visiaul interfaces, graphics, design, compilation, computer source code, software, products, aggregate user reviews, aggregate user ratings, and all other elements and/or components of the Site excluding User-Generated Content and Third Party Content.
As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Tupalo.com Content in whole or in part, except as expressly authorized by Tupalo.com. Except as expressly and unambiguously provided herein, Tupalo.com does not grant you any express or implied rights, and all rights in and to the Site and Tupalo.com Content are retained solely by Tupalo.com
The Tupalo.com Site and Tupalo.com 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 Austria, the United States and other countries. All individual Content, Site Content and other elements comprising the Tupalo.com Site and Tupalo.com Service are also copyrighted works.
By posting Content on the Tupalo.com Service, you agree to and hereby grant, and you warrant that you have the right to grant, Tupalo.com, and the users of the Tupalo.com 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.com shall have the exclusive right to practice this license to the extent of combining Your Content with the Content of other Tupalo.com users for purposes of constructing a searchable database of business listings, reviews, photos, videos and audio Content posts.
By posting Content on the Tupalo.com 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.
You acknowledge that the Tupalo.com Service and any underlying technology or software used in connection with the Tupalo.com Service contain Tupalo.com’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.com Site, or Tupalo.com Services in whole or in part except as expressly provided in Tupalo.com’s policies and procedures made available via the Tupalo.com Service. Except as expressly and unambiguously provided herein, Tupalo.com and its suppliers do not grant you any express or implied rights, and all rights in the Tupalo.com Service not expressly granted by Tupalo.com to you are retained by Tupalo.com.
Tupalo.com Widgets are small software modules which operate within or connect to Tupalo.com’s application environment, which appear on mobile devices, blogs, websites and/or devices of your designation, which provide you with access to a variety of Content and Services. By your using Tupalo.com for your personal devices, blogs, websites or service, you agree to be bound by the Tupalo.com general Terms of Service in addition to the following:
- subject to the general Site Terms of Services and the special conditions specified in this Widget Usage section, Tupalo.com grants you a worldwide, non-commercial, non-exclusive, non-transferable and revocable right to access and use Tupalo.com Widgets for personal, non-commercial use;
- you may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan or create derivative works or improvements of the Tupalo.com Widgets, or any portion thereof, or attempt to discover any source code, protocols or trade secrets contained within;
- you may not obtain, or attempt to obtain unauthorized access to Tupalo.com’s Systems or network;
- you may not incorporate Tupalo.com Widgets into any hardware device or software service that you are not authorized to use or otherwise modify;
- you may not sell, lease, loan, distribute, transfer or sublicense Tupalo.com Widgets, or access thereto, or otherwise derive income from the use or provision thereof, whether for direct commercial or monetary gain, or otherwise;
- you agree not to hold Tupalo.com or it’s Licensors liable or responsible for any cases which may lead to damage, injury or interruption of service through your usage of Tupalo.com Widgets;
- Tupalo.com reserves the right to charge fees for future use or access to Tupalo.com Widgets, in addition to Tupalo.com content and services at Tupalo.com’s sole discretion;
- you agree that you are responsible for any and all third party software, hardware and services used in connection with Tupalo.com Widgets. Any third-party software, hardware and services (whether required or optional) that you use in conjunction with Tupalo.com Widgets
- use of Tupalo.com Widgets and any Data, Content or Services accessed through them is done at your sole risk and these offerings are provided “AS IS”;
- Tupalo.com and it’s licensors expressly disclaim all warranties of any kind, whether express or implied, relating to Tupalo.com Widgets, Data, Content or Services accessed from, or the accuracy, timeliness, completeness, or adequacy of Tupalo.com Widgets and any Data, Content, or Services accessed from them including the implied warranties of title, merchantability, satisfactory, quality, fitness for a particular purpose, and non-infringement.
- you agree to indemnify and hold Tupalo.com and it’s licensors harmless from any claims or demands, including reasonable attorney’s fees, made by any third-party in connection with or arising out of your access and/or use of Tupalo.com Widgets, including any Data, Content or Services provided therein, your violation of any term or condition of these Terms and Conditions, your violation of applicable laws or the rights of another person or country;
- these terms and conditions continue until terminated by either party. You may terminate these Terms and Conditions by discontinuing use of all Tupalo.com Widgets and by destroying and copies thereof. These Terms and Conditions terminate automatically if you violate any term hereof, Tupalo.com publicly posts a written notice of termination on any portion of the Tupalo.com website or Tupalo.com sends a written (including email or text message) notice of termination to you directly;
Content Feeds Usage
Tupalo.com may make portions of the User-Generated and Site Content (the “Feed Content”) available via Real Simple Syndication and Atom feeds (the “Feeds”). You may access and use these Feeds in order to display Feed Content on your personal computer, mobile device, blog or website provided that:
- your use of the Feeds is strictly for personal, non-commercial use only;
- you will not use Tupalo.com Content Feeds in order to construct or populate a search-able index and/or database of business data and/or reviews;
- your display of Feed Content contains links back to the relevant pages on the Site and attributes Tupalo.com as the source;
- you acknowledge that your display of Feed Content does not suggest that Tupalo.com approves of, endorses and/or promotes any third party causes, ideas, web sites, services or products;
- your use of the Content Feeds will not negatively impact or overburden Tupalo.com’s infrastructure or systems;
Tupalo.com reserves all rights to the Content and Data served through Content Feeds and reserves the right to terminate Content Feeds at any time.
If you would like to inquire about commercial usage of our Content Feeds, please contact our Business Development team with your proposal.
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 Service of Tupalo.com.
Transfer of Ownership
- Any dispute about or involving Tupalo.com and/or the Tupalo.com Service, by using the Tupalo.com 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 Service and you do not have any authority of any kind to represent Tupalo.com in any respect whatsoever. Tupalo.com may provide you with updates, including those regarding changes to the Terms of Service by email, private message or postings on the Tupalo.com Service;
- these Terms of Service, accepted by you upon the usage of the Tupalo.com Service, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Tupalo.com regarding the use of the Tupalo.com Site and/or the Tupalo.com Service;
- the failure of Tupalo.com to exercise or enforce any right or provision of these Terms of Service 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 Service 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 Service shall otherwise remain in full force and effect.
- the section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, Tupalo.com or it’s Licensors 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.com administrators have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Tupalo.com’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.com for the service during the term of membership.
By utilizing the services provided by Tupalo.com you are agreeing to be bound to these Terms of Service throughout your entire term of usage and membership of the Tupalo.com website and service.
If you have any questions regarding please contact us via email and we’ll be happy to clarify our terms