Terms of Use

Effective Date: October 1, 2024

The following Terms of Use govern your access to and use of the Websites at: www.tulipanfoundationnyc.org, www.tulipan.com each website and Content collectively referred to as the “Website” or “Websites”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITES. By using any of the Websites, you indicate your agreement to these Terms of Use. If you disagree with any part of these Terms of Service, please refrain from using our Websites. The Reka Darida Foundation, d/b/a “Tulipán Foundation, (“RDF”) reserves the right to alter the Terms of Use without notice. A current version of the Terms of Use is always available at this location. Your continued use of any of the Websites following the posting of any changes will operate as an acknowledgement of your acceptance of the then current Terms of Use. The Effective Date at the beginning of these Terms of Use indicates the last update of these Terms of Use.

The Websites are owned and operated by RDF. By accessing or using any of the Websites, you agree and acknowledge that the Websites, including all content therein, including, but not limited to, software, graphics, text, video, and the like, including any third-party content, and other materials and information provided on, through, or in connection with the Websites (the “Content”), is the sole and exclusive intellectual property of RDF and/or its subsidiaries, affiliates, and/or licensors, and shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express prior written consent of RDF or its licensors. RDF hereby grants you a license to view the Websites solely in accordance with the terms and conditions of these Terms of Use.

The Websites are made available for your personal, non-commercial use only.

Disclaimer of Warranties.

THE CONTENT HAS BEEN OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE AND RELIABLE. HOWEVER, RDF MAKES NO WARRANTY AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT. THE WEBSITES AND ANY GOODS OR SERVICES YOU ACQUIRE FROM THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RDF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RDF MAKES NO WARRANTY THAT THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE. RDF MAKES NO REPRESENTATION OR WARRANTIES CONCERNING ANY THIRD-PARTY SITES OR LINKS THAT MAY LINK TO OR FROM ANY OF THE WEBSITES.

Limitation of Liability.

THE WEBSITES ARE PROVIDED FOR INFORMATION AND EDUCATIONAL PURPOSES ONLY. NEITHER RDF (INCLUDING ITS AFFILIATES, PARTNERS, SUBSIDIARIES, DIRECTORS, AND ADVISORS), NOR ANY OF THE SUPPLIERS OF ANY CONTENT, INFORMATION OR MATERIAL IN CONNECTION WITH THE WEBSITES, ACCEPTS ANY RESPONSIBILITY FOR DECISIONS MADE BASED UPON THE USE OF THE WEBSITES, INCLUDING ANY CONTENT OR INFORMATION VIA A THIRD-PARTY LINK ON ANY OF THE WEBSITES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL RDF, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITES (INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY AND ALL CONTENT), MISTAKES, OMISSIONS, ERRORS, OR VIRUSES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT RDF IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT (INCLUDING WITHOUT LIMITATION ANY AND ALL MATERIAL, INFORMATION, MERCHANDISE OR SERVICES) THAT MAY BE AVAILABLE FROM TIME TO TIME FROM ANY OF THE WEBSITES OR RDF OR ITS SUBSIDIARIES AND AFFILIATES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Privacy.

Any personal information provided through or in connection with the Websites will be handled in accordance with the Privacy Policy www.tulipanfoundationnyc.org/privacy. You agree to the terms of the Privacy Policy as may be modified by RDF in its sole discretion.

Linking to Third-Party Sites.

The Websites may provide you with links to third-party sites, advertising, goods, services, or other materials or information (“Third-Party Materials”). RDF MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD-PARTY MATERIALS AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF ANY THIRD-PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. You assume full and sole responsibility when you choose to follow any links that lead to third-party websites and when you choose to access, obtain, or use any and all Third-Party Materials. You agree that RDF is not responsible for the content of any such website or application or the actions of any operator of such website or application.

Trademarks.

All marks, titles, logos, characters, and names that appear on the Websites, are trademarks of RDF (or its partners, affiliates, and/or subsidiaries). You do not have a license to or any other rights in the foregoing.

Copyrights.

All of the Websites are protected under copyright law. You may print one copy and download one copy of the Content to any single computer, each for your personal, non commercial, home use only, provided that you keep intact all copyright and other proprietary notices.

Content on any of the Websites may be reproduced and distributed only with the prior written permission of RDF.

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any material residing on or linked to from the Websites infringes your copyright, please send (or have your agent send) to our Copyright Agent (as defined below) a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Websites (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s agent or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on such owner’s behalf; and (f) your physical or electronic signature. RDF’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent: RDF 1065 Madison Ave, New York, NY 10028, Attn: Legal Dept.

RDF’s Copyright Agent for notification of claimed infringement can also be reached electronically at: legal@tulipanfoundationnyc.org RDF reserves the right to terminate infringers’ and suspected infringers’ accounts or their access to or use of the Websites.

Termination.

RDF may terminate your right to access and use any and all of the Websites at any time, and without notice. If you violate any of these Terms of Use, or any other policy posted on any of the Websites, or if you are a repeat copyright infringer, your permission to access any of the Websites and all other rights granted thereto shall automatically and immediately cease. RDF may immediately terminate your access to any of the Websites and all other rights granted thereto.

Indemnification.

You shall indemnify, defend, and hold harmless RDF and its subsidiaries, affiliates, partners, employees, officers, directors, agents, licensors, and content providers against any claims, losses, expenses, costs, or damages (including without limitation reasonable attorneys’ fees) arising out of or in connection with your use of any of the Websites. Such

releases are intended to be general and complete releases and waivers of all claims arising out of or in any way related to your use of the Websites or services we provide.

International Use.

RDF intends that the Websites will be viewed by US persons for informational purposes only. By choosing to access any of the Websites from any location other than the United States, you accept full responsibility for compliance with all local laws. Content found on any or all of the Websites may not be appropriate or legal to use outside the United States. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.

Minors.

The Websites are not intended for children under the age of 13. Please be aware that users who are minors, generally under 18 years of age, must comply with applicable legal requirements in their jurisdiction.

Remedy.

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEBSITES.

Limitations of Actions.

Any claim must be brought within one year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one-year period, such claim shall be forever barred.

Governing Law.

These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of New York and the United States of America, without regard to their principles of conflicts of law. In addition, you agree to submit to the jurisdiction of the federal and state courts located in Manhattan, New York, and that any action concerning these Terms of Use or your access or use of any of the Websites shall be within the exclusive jurisdiction of such courts.

Assignment.

These Terms of Use, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with RDF’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms of Use and be void.

No Waiver.

The failure by RDF to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision or any other provision of these Terms of Use.

Survival, Severability, and Construction.

Each provision in these Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of these Terms of Use and if otherwise legally unenforceable due to its breadth, shall be interpreted in such a manner as to preserve its enforceability, while maintaining the least change in scope. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Notices.

Except as explicitly stated otherwise, legal notices (including notices concerning these Terms of Use) will be sent or served, with respect to RDF, by email to

legal@tulipanfoundationnyc.org, and, with respect to you, to the email address you provide to RDF during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Entire Agreement.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and RDF regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Any questions regarding these Terms of Use should be directed to: If you need to contact us, or have any questions, concerning these Terms of Use, you may reach us as follows:

By email: info@tulipanfoundationnyc.org

By regular mail. You can send mail to the following address: 1065 Madison Avenue, New York, NY 10028