Last updated: April 5, 2021

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using tuPlaza website and mobile applications ("Site") operated by tuPlaza.com, Inc. Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site. By accessing or using the Site you agree to be bound by these Terms. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

Definitions

Parties

"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, or in any way uses the Site. "We," "us," and "our" refer to tuPlaza, its subsidiaries, affiliates, and its licensors.

Communications

By creating an Account on our site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that as long as you maintain an Account, you may not "opt out" of receiving service or account-related emails from tuPlaza.com, Inc., and all agreements, notices, disclosures, and other communications that we provide to you to electronically satisfy any legal requirement that such notifications be in writing.

Content

Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, photos, images, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account or other material ("Content"). You are responsible for the Content that you post on or through the Site, including its legality, reliability, and appropriateness. You also assume any risks associated with personal information and the location you disclose in your Content. You may not imply that your Content is in any way sponsored or endorsed by tuPlaza.

By posting Content on or through the Site, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) your Content DO NOT promote, show, distribute or exhibit any illegal or unauthorized purpose nor may you, when using the Site, violate any laws in your jurisdiction nor the laws applicable to you in your customer’s jurisdiction. You will comply with all applicable laws, rules and regulations in your use of the Site and also comply with these Terms. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content using the Site you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive right and license to use, modify, perform, display, analyze, reproduce, commercialize, translate, remove, prepare derivative works, and distribute such Content on and through the Site. You confirm and warrant to tuPlaza that you own all of the necessary rights or permissions to grant this license.

tuPlaza has the right, but not the obligation, to monitor and edit all Content provided by users.

While tuPlaza is not responsible for the Content posted in your account, once you verify your business, you understand that we have the right, but not the obligation, to moderate your Content. We may choose not to display your Content, may choose to show only an edited version of your Content, or may choose to show content from an alternate source in place of your Content.

In addition, Content found on or through this Site is the property of tuPlaza or is used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, you must provide your full legal name, current address (this won't be published unless you express the contrary), phone number, a valid email address, and any other information indicated as required. You guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. tuPlaza may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

You may be required to verify your account by receiving a phone call, an SMS on an email for verification or with another Communication by tuPlaza.

You are responsible for maintaining the confidentiality of your account and password including, but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is used in our Site or in a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property

The Site and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of tuPlaza and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of tuPlaza.

Links To Other Websites

Our Site may contain links to third party web sites or services that are not owned or controlled by tuPlaza. tuPlaza has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that tuPlaza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Use of service

You agree not to (a) use or authorize use of the Site for any purpose not specified in these Terms; (b) copy, sell, lease, lend, transfer, syndicate, sub-syndicate, or use for co-branding, service bureau, timesharing, arbitrage or other unauthorized purposes the Site or access thereto; or (c) modify, prepare derivative works of, reverse engineer, reverse compile, translate, disassemble the Site or any portion of it. You shall be solely responsible for the content you publish in the Site and for responding to inquiries in connection with your content.

tuPlaza.com, Inc. does not grant You any other license, expressed or implied, to tuPlaza.com’s Inc. Intellectual Property Rights. tuPlaza.com, Inc. expressly reserves all Intellectual Property Rights not expressly granted here.

Acceptable Use Policy

    The following activities are prohibited with your use of the Site:

  • Promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Site to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
  • Promote harassment or abuse in any kind, nor include content that bully, defame or threaten a specific individual on entity.
  • Use profanity, obscenities, or derogatory remarks in your Content.
  • Access, download, send or receive any data (including images), which tuPlaza.com, Inc. considers offensive in any way, including sexually explicit, discriminatory, defamatory or libellous material.
  • Post Content that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
  • Publish content related to business or persons that intentionally traffic, sale and/or promote counterfeit items (unauthorized versions of goods and items that include the trademark or logo of the authentic brand owner). Counterfeit items are also known as knock off, in-the-same-style-as, replica, faux, fake, mirror image, imitation, clone, or similar terms when referring to a brand name in an attempt to pass themselves off as genuine products of the brand owner.
  • Promote the sale of fluids or parts of the human body.
  • Promote the sale of defective products or products withdrawn from the market.
  • Posts content that include misleading, false or offensive promotions or products.
  • Promote sexual exploitation, sexual services or any form of human trafficking, prostitution, escort or sexual services.
  • Promote the purchase or sale of stolen items.
  • Use the Site to gamble.
  • Promote self-harm.
  • Promote the purchase, sale, or use of weapons, ammunition, or explosives.
  • Promote the sale and purchase of hazardous materials and substances.
  • Use the Site in a way that could affect its reliability or effectiveness, for example distributing chain letters or spam.
  • Publish Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords.
  • Promote the purchase or sale of drugs or related products, or prescription products.
  • Place any information on the Internet that relates to tuPlaza, or alter any information about it, unless you are specifically authorized to do this.
  • Make official commitments through the internet or email on behalf of tuPlaza unless authorized to do so.
  • Publish Content in your Account that imply or promote support or funding of, or membership in, a terrorist organization.
  • Publish Content that in any way infringe any copyright, database rights, trademarks or other intellectual property.
  • The infringement of our Acceptable Use Policy will lead to the termination of your Account, without prior notice or liability.

Termination

We may terminate or suspend your account and ban access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Site.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless tuPlaza.com, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Site, by you or any person using your account and password; b) a breach of these Terms, or c) Content you posted on the Site.

Limitation Of Liability

In no event shall tuPlaza.com, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not tuPlaza has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

tuPlaza, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

Changes on this Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new Terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Site.

Contact Us

If you have any questions about these Terms, please contact us at info@info@tuplaza.com

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