TERMS OF USE
OUR CORE VALUES
By becoming a part of the Yellow Tulip Project community, you agree to uphold our core values of building community and destigmatizing mental illness through storytelling. Our website and the features accessible on our website provide information about our mission, mental illness, individuals’ experiences with mental illness, and mental health resources.
TERMS OF USE
These terms of use are entered into by and between you and The Yellow Tulip Project (“YTP,” “we,” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Use”), govern your access to and use of www.theyellowtulipproject.org, including any content, feature, functionality, resources, and services offered on or through www.theyellowtulipproject.org and any email, text, or other electronic communication or message between you and YTP (the “Website”). Please read these terms of use carefully before using the Website.
This Website is provided by YTP for general informational purposes only and any materials or content on the Website are not a substitute for professional medical advice, diagnosis, or treatment. If you have medical or mental health questions or concerns, please consult a physician or other mental health professional. By accessing this Website, you hereby agree to seek the advice of a licensed physician or other qualified mental health professional with medical or mental health questions or concerns. Helpline numbers are included on this Website.
By using this Website, you also indicate your agreement to these Terms of Use. If you do not agree, your access to and use of any of the Website is not authorized. Please do not use this Website unless you agree to these Terms of Use. We welcome a return visit whenever you are prepared to accept these Terms of Use.
The Website is owned and operated by YTP. The information, including but not limited to, text, graphics, images and other material or resources contained on this Website are made available to you by YTP and are for informational and non-commercial purposes only. By accessing or using any of the Website, you agree and acknowledge that the Website, 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 Website (“Content”), is the sole and exclusive property of YTP or the appropriate third-party and shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express prior written consent of YTP. YTP hereby grants you a license to view the Website solely in accordance with the terms and conditions of these Terms of Use.
MODIFICATIONS OR CHANGES
YTP reserves the right to alter or modify these Terms of Use in its discretion without providing notice to you. A current version of these Terms of Use will be posted and available on this webpage. YTP encourages you to review these Terms of Use from time to time for any changes or updates. Your continued use of the Website following the posting of any changes to these Terms of Use will operate as an acknowledgement of your acceptance of the then current Terms of Use.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent provided by law, YTP will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any items or information obtained through the Website or due to your downloading of any material posted on the Website or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website are at your own risk. The Website, its content, and any information, services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither YTP nor any person associated with YTP makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither YTP nor anyone associated with YTP represents or warrants that the Website, its content, or any information, services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any information, services or items obtained through the Website will otherwise meet your needs or expectations.
To the fullest extent provided by law, YTP hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
The Website is a supplement to and not a substitute for, the knowledge, skill, and judgment of qualified physicians and mental health professionals. The content has been obtained from sources believed to be accurate and reliable. However, YTP makes no warranty as to the accuracy, reliability, or completeness of the content. If you have any medical or mental health questions or concerns, please consult a physician or other health care professional promptly.
LIMITATION OF LIABILITY
To the fullest extent provided by law, in no event will YTP, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content or information on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
PRIVACY
Any personal information or data provided through or in connection with the Website will be handled in accordance with our Privacy Policy. By using the Website, you agree to the terms of our Privacy Policy as may be modified from time to time by YTP in its sole discretion.
LINKING TO THIRD-PARTY SITES
The Website may provide you with links to third-party websites, applications, advertising, goods, services, or other materials or information (“Third-Party Materials”). YTP 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 YTP is not responsible for the content of any such Third Party Materials or the actions of any operator of such third party websites or applications.
TRADEMARKS
All marks, logos, slogans, designs, and company names that appear on the Website, including without limitation, THE YELLOW TULIP PROJECT, YTP, and SMASH THE STIGMA, are trademarks of YTP or its licensors or affiliates. You must not use such marks without the prior written permission of YTP. All other marks, logos, slogans, designs, and company names on this Website are the trademarks of their respective owners.
COPYRIGHTS
The entire Website is protected under copyright law. You may print one copy and download one copy of the Website 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 the Website may be reproduced and distributed only with the prior written permission of YTP.
If you are authorized to act on behalf of a copyright owner, and believe that any material on the Website infringes on the rights of the owner, please notify us by emailing info@theyellowtulipproject.org. To be effective, your notification must provide us with information that meets the requirements of the U.S. Copyright Act.
TERMINATION
YTP may terminate your right to access and use any and all of the Website at any time and without notice to you. If you violate any of these Terms of Use, or any other policy posted on the Website, or if you are a repeat copyright infringer, your permission to access the Website and all other rights granted thereto shall automatically and immediately cease.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless YTP, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any User Submissions, any use of the Website’s Content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
INTERNATIONAL USE
YTP intends that the Website will be viewed by persons located in the United States. By choosing to access the Website from any location other than the United States, you accept full responsibility for compliance with all local laws. Content found on the Website 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.
SUBMISSIONS
“User Submissions” means all narratives, comments, feedback, suggestions, written materials of any kind, photos, songs, stories, performances, pictures, e-mail and similar information or materials that you submit to YTP through the Website or otherwise.
The sender of any information to YTP is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights. Except as expressly stated and agreed upon in advance by YTP, no confidential relationship will be established if any user of this Website should make any oral, written or electronic communication to YTP (such as feedback, questions, comments, suggestions, ideas, etc.). Such communication and any information submitted therewith will be considered non-confidential, and YTP will be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products or services incorporating such information.
Please note that ideas you post and information you share may be seen and used by other Website users, and we cannot guarantee that other users of the Website will not use the ideas and information that you share on the Website. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it on the Website. We are not responsible for a user’s misuse or misappropriation of any Content or information you post on the Website.
By providing User Submissions, you agree to the following terms and standards:
YTP will not have any ownership rights over your User Submissions. However, you grant YTP a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on YTP’s behalf to): (a) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions, as permitted by law, in connection with (i) the Website, (ii) YTP’s (and its successors’ and assigns’) core values or services, and (iii) promoting, marketing, and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (b) take whatever other action is required to perform and market the Website and YTP core values or services; (c) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions in connection with the Website or YTP’s core values or services; and (d) use and publish, and permit others to use and publish, the User Submissions in connection with the provision or promotion of YTP’s core values or services. The foregoing license grant to YTP does not affect your other ownership or license right in your User Submissions, including the right to grant additional licenses to your User Submissions.
By publishing your User Submission, you may be identified publicly by your name in association with your User Submission.
You grant each user a non-exclusive license to access your User Submission through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions solely for personal, non-commercial use.
You further agree that your User Submission will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YTP all of the license rights granted herein.
YTP shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.
All information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which that content originated.
YTP will not be liable for any errors or omissions in any User Submissions or Content.
All User Submissions or Content you access through the Website is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, YTP has adopted a policy of, in appropriate circumstances, terminating access to the Website for users that are repeat infringers of the intellectual property rights of others. YTP may also terminate user access even based on a single infringement. Finally, YTP also reserves the right to access, read, preserve and disclose any User Submissions or other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Website.
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the User Submission standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate YTP, a YTP employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm YTP or users of the Website, or expose them to liability.
In any way that may be construed as contrary to or harmful to YTP’s core values.
ADDITIONALLY, YOU AGREE NOT TO:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
MINORS
Please be aware that users under 18 years of age must comply with applicable legal requirements in their jurisdiction. Parental or guardian consent may be required for you to participate in our Ambassador Program, use other features on the Website, participate in the YTP community, or otherwise share information with YTP. Please obtain consent from your parent or guardian before sharing any information with YTP through our Website, through any feature available on our Website, or in email, text, or other electronic messages between you, the Website, or YTP.
The Website is not intended for children under the age of 13. If you are under the age of 13, please speak to a mental health professional or other adult and do not access the Website.
NOTICE TO PARENTS AND GUARDIANS: By granting your minor child or legal ward permission to use the Website, you agree to the terms of these Terms of Use on behalf of your minor child. You are responsible for monitoring and supervising your minor child’s use of the Website. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that may be harmful to minors.
GOVERNING LAW
These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Maine 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 Portland, Maine, and that any action concerning these Terms of Use or your access or use of any of Website shall be within the exclusive jurisdiction of such courts.
NO WAIVER
The failure by YTP 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.
REMEDIES
You agree that YTP’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that YTP shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that YTP may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of YTP shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys’ fees and expenses. No instance of waiver by YTP of its rights or remedies under these Terms of Use shall imply any obligation to grant any future waiver.
INTEGRATION AND SEVERABILITY
These Terms of Use and other referenced material are the entire agreement between you and the YTP with respect to the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and YTP with respect to the Website. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable.
DISPUTES
At YTP’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the State of Maine. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever banned.
NOTICES
All notices, requests, and other communications to YTP shall be in writing, shall be given to such party at its address set forth below or, where applicable, at the address of its registered agent. Each such notice, request, or other communication shall be deemed to have been duly given (a) as of the date of delivery, if delivered personally, (b) upon the next business day when delivered during normal business hours to a recognized overnight courier service, or (c) on the date of delivery or refusal shown on the receipt therefore if sent by United Stated certified or registered mail, return receipt requested and postage prepaid.
HOW TO CONTACT YTP
If you have any questions or comments, please contact us at:
533 Congress Street
Portland, Maine 04101
info@theyellowtulipproject.org
Portland, Maine 04101
info@theyellowtulipproject.org
Last modified: December 13, 2019.