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ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Bullpen Marketing, LLC or other third parties. You are not permitted to use the Marks without the prior written consent of Bullpen Marketing, LLC or such third party that may own the Marks. Bullpen and the Bullpen logo are trademarks of Bullpen Marketing, LLC.
For a current list of Bullpen's Marks, please contact Bullpen Marketing LLC at email@example.com.
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
Bullpen, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Bullpen may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Bullpen deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Bullpen immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Bullpen’s display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
USE OF SOFTWARE
Any Software which is downloaded from or made available via the Site for
or on behalf of the
USE OF MATERIALS AND USER CONTENT
Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the Bullpen Materials and User Content available on this Site subject to the following conditions:
Use of the Bullpen Materials or User Content for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The rights specified above to view, download and print the Bullpen Materials and User Content available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Bullpen. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials (whether Bullpen Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
You are solely and entirely responsible for all of your User Materials that you post or otherwise submit via the Site or Services. You shall assume all risks associated with the use of your User Materials including any reliance on the accuracy, completeness or usefulness of your User Materials. Bullpen does not guarantee the accuracy, integrity or quality of your User Materials. You acknowledge and agree that by accessing or using the Site or Services, you may be exposed to User Materials from others that are offensive, indecent or otherwise objectionable.
Bullpen’S RIGHTS TO SUBMITTED USER MATERIALS
For all of your User Materials that you post or otherwise submit to the Site, including (a) comments to Communications Venues, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant Bullpen and the users of this Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Materials, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Bullpen is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Bullpen shall not be liable for any failure to store User Materials on the Site at any time.
RESTRICTION AND TERMINATION OF USE
Bullpen may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Bullpen’s sole discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Bullpen to you as a convenience and the inclusion of the links do not imply any endorsement by Bullpen of any Linked Site. Bullpen has no control of the Linked Sites and you therefore acknowledge and agree that Bullpen is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Bullpen is not responsible for any form of transmission (e.g. web-casting) received from any Linked Site.
WARRANTIES AND DISCLAIMERS
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. BULLPEN MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND BULLPEN MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) BULLPEN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) BULLPEN MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) BULLPEN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
BULLPEN DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED BULLPEN SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF BULLPEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BULLPEN WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BULLPEN ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
This Site can be accessed from countries around the world and may contain
references to Bullpen products, services and programs that are not available in
your country. These references do not imply that Bullpen intends to announce
such products, services or programs in your country. The Site is controlled,
operated and administered by Bullpen Marketing, LLC from its offices within the
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
IN NO EVENT SHALL BULLPEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS
OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY
DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA
OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF BULLPEN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING
BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY
OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR
THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE
STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR
MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR
OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR
RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER
CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR
INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Bullpen will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. Bullpen will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for this Site (identified below), which must contain the following elements:
Bullpen’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site or on sites linked to from the Site or in connection with the Services or Materials. All other inquiries directed to the Designated Agent will not be responded to. Such inquiries should be made through firstname.lastname@example.org.
UNSOLICITED IDEA SUBMISSION POLICY
Unless a specific, written, and mutually agreed-upon contract is signed by you & Bullpen Marketing LLC, any unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names, that are sent to Bullpen for consideration via this Site shall not be considered or accepted by Bullpen, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works presented in connection therewith). Unless a specific, written, and mutually agreed-upon contract is signed by both parties
SPAM E-MAIL AND POSTINGS
ADVERTISEMENTS AND PROMOTIONS
Bullpen may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Bullpen is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Bullpen advertisers on the Site or in connection with the Services or Materials.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Bullpen Marketing,
LLC from its offices within the state of
Adjudication of Disputes, Forum: Waiver of Right to Jury Trial.
the event that any dispute arises between you and Bullpen whether under the
terms hereof or as a result of any action taken by Bullpen or you as a result or
consequence of your use of Bullpen’s or Metroflex’s website or any documents or
materials you downloaded, viewed or referred to on the this website, or by
reason of any communication, request for information or other contact between
you or a representative of yours and Bullpen or any representative of the
Bullpen, you and Bullpen expressly agree to waive and hereby waive any rights we
each may have to a trial by jury of any and all issues arising in any action or
proceeding between you and Bullpen or our respective successors,
representatives, assigns, or heirs. In
addition, any claim, dispute, or controversy (“claim”) by you or Bullpen against
the other shall be resolved in an appropriate court of law located in
YOU ALSO AGREE TO ABIDE BY THE PRIVACY & ANTI-SPAM POLICIES AS WELL AS THE DISCLAIMER.