Effective as of 2021 01 01
1 ABOUT THESE TERMS
services provided through the Websites, including without limitation the license chooser, legal tools, and the OT Global Network community website (together with the Websites, the “Services”).
1.3 If you accept the Terms, you represent that you are at least 13 years old and that if you are between 13 years and 18 years old, you represent that your legal guardian has reviewed and agreed to these Terms.
2 ACCOUNTS AND PAYMENT
2.1 By creating a paid account, you agree to pay the fees and payment methods stipulated on Operation Tulip’s website. You agree to pay the fees by adding the equivalent funds to your account as you are using the services.
2.2 Failure to add funds when accured to is equivalent to not paying for the account on time.
2.3 Operation Tulip may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
2.4 You may cancel your subscription to the Services at any time. Refunds are only issued if required by law.
2.5 Your paid account will remain in effect until it’s cancelled or terminated under the Terms. Operation Tulip reserve the right to suspend or remove your account if you fail to pay for your paid account on time.
3 YOUR RESPONSIBILITIES
3.1 You agree that you will comply with all laws applicable to you. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. You agree to use the Services in accordance with these terms and to not use the Services in a way that is, or could be interpreted as, offensive or in conflict with the spirit or intent of the Services.
3.2 You agree to safeguard your password to the Services and
3.3 You understand that if you delete your account, or if Operation Tulip deletes your account in accordance with the Terms, you may lose access to any data previously associated with your account, including your content.
3.4 You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using the Services.
3.5 Operation Tulip may, but is not obligated to, review your content and may delete or remove your content (without notice) from any of the Services in its sole discretion.
4 AVAILABILITY OF THE SERVICES
4.1 Operation Tulip make no warranty or representation regarding the availability of the Services. Operation Tulip do not guarantee that any of the Services will be available or error-free at all times or at any given time. Operation Tulip will provide the Services in accordance with any legally required standards.
4.2 Operation Tulip are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access the Services will be suspended for the duration of such period.
4.3 Operation Tulip may limit, suspend or terminate the Services, or portions thereof, and take technical and legal steps to prevent users from accessing the Services if Operation Tulip believes they are creating risk or possible legal liabilities, infringing intellectual property rights of third parties, or not acting in accordance with the letter or spirit of the Terms.
4.4 Operation Tulip are entitled to, in our sole discretion, modify or discontinue the Services or any part of them.
5.1 To the fullest extent permissible under applicable law, the Services are provided to you “AS IS,” without warranty, assurances or guarantees of any kind. It may have defects, and your use is solely at your risk. Operation Tulip does not make, and hereby disclaims any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including, without limitation, location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising in the course of dealing, usage, or trade practices. Operation Tulip does not
warrant against interference with your enjoyment of the Services; that the Services will meet your requirements; that operation of the Services will be uninterrupted or error-free; that the Services will interoperate or be compatible with any other services; or, that any errors in the Services will be corrected. No oral or written advice provided by Operation Tulip, its employees or other representatives constitute a warranty.
5.2 Some jurisdictions do not allow disclaimers such as those set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing disclaimers shall only apply to the extent permitted by the laws of such jurisdictions.
6 LIMITATION OF LIABILITY
6.1 Operation Tulip are not liable for:
• losses or harm not caused by our breach of these Terms or negligence;
• losses or harm which are not reasonably foreseeable by you and Operation Tulip at the time of you agreeing to these Terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
• any damage that may be caused to any device on which you access or use the Services that is caused in any way by the Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services;
• any increase in loss or damage resulting from breach by you of any of these Terms; or
• technical failures or the lack of availability of any of the Services where these are not within our reasonable control.
6.2 Under no circumstances will Operation Tulip be liable for special, incidental or consequential damages resulting from access, use or malfunction of the Services, including without limitation, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these Terms or the Services, whether arising in
tort (including negligence), contract, strict liability or otherwise and whether or not Operation Tulip has been advised of the possibility of such damages.
6.3 Under no circumstances will Operation Tulip total aggregate liability arising out of or in connection with the Terms or the Services exceed the higher of: (i) the actual price (if any) you have paid to use the Services; or (ii) one hundred euros (€100). The exclusions and limitations of damages are fundamental elements of the basis of the agreement between Operation Tulip and you.
6.4 Some jurisdictions do not allow certain limitations of liability as set forth above; thus, the above terms may not apply to you. Instead, in such jurisdictions, the foregoing limitations of liability shall apply only to the extent permitted by the laws of such jurisdictions.
6.5 You agree to indemnify, defend and hold Operation Tulip (and Operation Tulip officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party arising out of your use of the Services.
7.1 Operation Tulip reserve the right to suspend or terminate your access to the Services with or without notice to you if: (a) you’re in breach of the Terms, (b) your use of the Services would cause a real risk of harm or loss to us or other users, or (c) you don’t have a paid account and haven’t accessed the Services for 12 consecutive months.
8.1 The data controller for all personally identifiable information or personal data that Operation Tulip collect about you through or in relation to the Services is Operationtulip AB, a Swedish company with registered office at Box 133, 541 23 Skövde, Sweden and company registration number 559241-0749.
10.1 If any provisions of these Terms or the application of it shall be declared or deemed void, invalid or unenforceable in whole or in part for any reason, the remaining provisions of these Terms shall continue in full force and effect. The parties shall seek to amend such void, invalid or unenforceable provisions and thereby these Terms in order to give effect to, so far as it is possible, the spirit of these Terms and to achieve the purposes intended by the parties.
11 ENTIRE AGREEMENT
12.1 Operation Tulip reserve the right to update these Terms from time to time by posting the updated version at our website.
12.2 If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
13.1 Any failure by Operation Tulip to insist on adherence to any term of these Terms shall not be considered a waiver of any right, nor shall it deprive Operation Tulip of the right thereafter to insist on the adherence to that provision or any other provision of these Terms.
14 FORCE MAJEURE
14.1 A party shall be relieved from liability for a failure to perform its obligations under this agreement during such period, and to the extent that the due performance thereof by the party is prevented by reason of any circumstance beyond the control of the party, which could not reasonably have been foreseen by the party prior to entering into this agreement, such as war, civil war, fire, flood, interruption in public transport, communications or general energy supply,
or other circumstances of similar importance.
15 GOVERNING LAW AND JURISDICTION
15.1 This Agreement shall be governed by the substantive law of Sweden. You agree that any claim or dispute you may file against Operation Tulip must be resolved exclusively by a court located in Göteborg, Sweden.