Welcome! When using Bulk Male's services, you agree to the terms and
conditions listed on this page (the "Terms of Service"), which may be
updated by us from time to time. You can check out the most current version of
these Terms of Service at:
http://www.bulkmale.com/aboutus/tos.asp.
You are responsible for maintaining the confidentiality of your account
number and/or password. You are responsible for all uses of your account,
whether or not actually or expressly authorized by you.
Users alone are responsible for the contents of the messages they communicate
when using our services and as well as the consequences of any such messages.
You agree that you will not use our services for chain letters, junk mail,
"spamming" or commercial solicitations or to engage in illegal
activities. You further agree not to use our services to send any message or
material that is unlawful, gives rise to civil liability.
In order to ensure that Bulk Male is able to provide high quality services
which are responsive to customer needs, you must consent to Bulk Male employees
being able to access your account and records on a case by case basis to
investigate complaints or other allegations or abuse. Bulk Male shall not
disclose the existence or occurrence of such an investigation unless required by
law. Violation of terms of service may result in immediate deletion of a users
account.
All chat and bulletin board communications are public and not private
communications. Although we reserve the right to remove without notice any
bulletin board posting for any reason, we have no obligation to delete content
that you may find objectionable or offensive.
The contents of the Bulk Male Internet service ("the Service") are
intended for the personal, noncommercial use of its Users. All materials
published on bulkmale.com (including, but not limited to news articles,
photographs, images, illustrations, audio clips and video clips, also known as
"The Content") are protected by copyright and other intellectual
property laws, and are owned or controlled by Max Density, or the
party credited as the provider of the content, software or other materials. User
shall abide by all additional copyright or other notices, information or
restrictions appearing in conjunction with any Content accessed through the
Service.
The Service is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions and
other copyright laws. Except as set forth in Section 1 of this Terms of Service,
User may not modify, adapt, translate, exhibit, publish, transmit, participate
in the transfer or sale of, reproduce (, create derivative works from,
distribute, perform, display, reverse engineer, de-compile or de-assemble, or in
any way exploit, any of the Content, software, materials or Service in whole or
in part.
User shall have no rights to the proprietary software and related
documentation, or any enhancements or modifications thereto, provided to User to
access the Service ("Access Software"). User may not sublicense,
assign or transfer any licenses granted by Bulk Male, and any attempt at such
sublicense, assignment or transfer is void. User may not copy, distribute,
modify, reverse, engineer or create derivative works from Access Software.
We may modify or discontinue our services or your account with us, with or
without notice, without liability to you, any other user or any third party. We
reserve the right to terminate your account if we learn that you have provided
us with false or misleading registration information, interfered with other
users or the administration of Bulk Male's services, or violated these Terms of
Service. When Bulk Male terminates your account for any reason, Bulk Male has
the sole discretion of offering a refund, if any, for unused part of the
service.
You understand and agree that Bulk Male's services are provided
"AS-IS". Bulk Male assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalization settings.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF BULK MALE'S SERVICES ARE AT
YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF BULK MALE'S SERVICES IS 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 SUCH MATERIAL AND/OR DATA.
EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, BULK MALE DISCLAIMS ALL WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT
MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF BULK MALE'S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH BULK MALE'S SERVICES, REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH BULK MALE'S SERVICES, REGARDING ANY
TRANSACTIONS ENTERED INTO THROUGH BULK MALE'S SERVICES OR THAT BULK MALE'S
SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR FREE.
BULK MALE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE
INABILITY TO USE BULK MALE'S SERVICES, RESULTING FROM ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
BULK MALE'S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR
ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BULK MALE HAD BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless Bulk Male, its affiliates,
officers, directors, employees, consultants and agents from any and all third
party claims, liability, damages and/or costs (including, but not limited to,
attorneys fees) arising from your use of our services, your violation of the
Terms of Service or your infringement, or infringement by any other user of your
account, of any intellectual property or other right of any person or entity.
The Terms of Service will inure to the benefit of Bulk Male's successors,
assigns and licensees.
These Terms of Service will be governed by and construed in accordance with
the laws of the State of California, without giving effect to its conflict of
laws provisions or your actual state or country of residence. If for any reason
a court of competent jurisdiction finds any provision or portion of the Terms of
Service to be unenforceable, the remainder of the Terms of Service will continue
in full force and effect.
These Terms of Service constitute the entire agreement between the parties
with respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by Bulk Male.
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