Terms of Service
1. Acceptance of Terms
Welcome to BulkMale.com (a.k.a. "Bulk Male"). "Bulk Male" provides its service
to you, subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time with or without notice to you.
In addition, when using particular "Bulk Male" Services
you and "Bulk Male" shall be subject to any posted guidelines or rules applicable
to such Services, which may also be updated from time to time with or without notice
to you. All such guidelines or rules are hereby incorporated by reference into the
TOS.
2. Description of Service
"Bulk Male" currently provides users with access to a rich collection of on-line resources,
including, videos, electronic magazines, photos and branded programming through its network of properties (the "Service").
You also understand and agree that the Service may include certain communications
from "Bulk Male", such as service announcements, administrative messages and email
newsletters, and that these communications are considered part of "Bulk Male" membership
and you may or may not be able to opt out of receiving them. Unless explicitly stated
otherwise, any new features that augment or enhance the current Service, including
the release of new "Bulk Male" properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that "Bulk Male" assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including a computer and modem or
other access device. Please be aware that "Bulk Male" has created certain areas on
the Service that contain adult or mature content.
3. Your Registration Obligations
YOU MUST BE 18 YEARS OR OLDER, AND OF LEGAL AGE IN YOUR COUNTRY/STATE/PROVINCE/LOCALE
OF RESIDENCE TO ACCESS ADULT CONTENT AS SUCH PROVIDED BY THIS SITE.
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction, you agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or "Bulk Male" has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, "Bulk Male" has
the right to suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
4. Member Account, Password and Security
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify "Bulk Male" of
any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. Sharing
your user name and password with anyone else, is a ground for immediate cancellation
of your "Bulk Male" account and/or subscription. "Bulk Male" cannot and will not be
liable for any loss or damage arising from your failure to comply with this Section
4.
5. Indemnity
You agree to indemnify and hold "Bulk Male", its parent company, its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit through the
Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
6. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, (including your "Bulk Male" account), use of
the Service, or access to the Service.
7. Modifications To Service
"Bulk Male" reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that "Bulk Male" shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
8. Termination
You agree that "Bulk Male", in its sole discretion, may terminate your password, account
(or any part thereof), subscription, or use of the Service, and remove and discard
any Content within the Service, for any reason, Cause for such termination shall
include, but not be limited to, (a) breaches or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity, (g) you have engaged in
fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the Services. You agree that any termination of your access to
the Service under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that "Bulk Male" may immediately deactivate or delete your
account and all related information and files in your account and/or bar any further
access to such files or the Service. When "Bulk Male" terminates your account for
any reason, "Bulk Male" has the sole discretion of offering a refund, if any, for
an active paid subscription to cover any unused part or period of the service. Further,
you agree that "Bulk Male" shall not be liable to you or any third-party for any
termination of your access to the Service.
9. Dealing with Advertisers
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that "Bulk Male" shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
10. Links
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because "Bulk Male" has no control over such sites and resources,
you acknowledge and agree that "Bulk Male" is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that "Bulk Male"
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 site or resource.
11. Bulk Male's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by "Bulk Male" or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
12. Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as
is" and "as available" basis. "Bulk Male" expressly disclaims all warranties of any
kind, whether express or implied, including, but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
- "Bulk Male" makes no warranty that (i) the service will meet your requirements, (ii)
the service will be uninterrupted, timely, secure, or error-free, (iii) the results
that may be obtained from the use of the service will be accurate or reliable, (iv)
the quality of any products, services, information, or other material purchased
or obtained by you through the service will meet your expectations, and (v) any
errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is
done at your own discretion and risk and that you will be solely responsible for
any damage to your computer system or loss of data that results from the download
of any such material.
- No advice or information, whether oral or written, obtained by you from "Bulk Male"
or through or from the service shall create any warranty not expressly stated in
the TOS.
13. Limitation of Liability
You expressly understand and agree that "Bulk Male" shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but
not limited to, damages for loss of profits, goodwill, use, data or other intangible
losses (even if "Bulk Male" has been advised of the possibility of such damages),
resulting from: (i) the use or the inability to use the service; (ii) the cost of
procurement of substitute goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions entered into
through or from the service; (iii) unauthorized access to or alteration of your
transmissions or data; (iv) statements or conduct of any third party on the service;
or (v) any other matter relating to the service.
14. Exclusions and Limitations
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 of sections 18 and 19 may not apply to you..
15. Notice
Notices to you may be made via either email or regular mail. The Service may also
provide notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the Service.
16. Trademark Information
"Bulk Male", the "Bulk Male" logo, and other "Bulk Male" logos and product and service names are trademarks of BCPI.
(the ""Bulk Male" Marks"). Without Bulk Male's prior permission, you agree not to
display or use in any manner, the "Bulk Male" Marks.
17. Copyrights and Copyrights Agent
"Bulk Male" respects the intellectual property of others and we ask our users to do
the same.
18. General Information
The TOS constitute the entire agreement between you and "Bulk Male" and govern your
use of the Service, superseding any prior agreements between you and "Bulk Male".
You also may be subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software. The TOS and
the relationship between you and "Bulk Male" shall be governed by the laws of the
State of Maine without regard to its conflict of law provisions. You and "Bulk Male"
agree to submit to the personal and exclusive jurisdiction of the courts located
within the county of Cumberland, Maine. The failure of "Bulk Male" to exercise or
enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the TOS must be filed within one (1)
year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
19. Violations
Please report any violations of the TOS to:
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