Last updated: 12th December 2022
Welcome to BULLETN (“Company”, “Bulletn”, “we”, “our”, “us”). These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at www.bulletn.net and Bulletn mobile application (“App”) (together or individually “Service”) owned and operated by Bulletn LLC.
The Company provides the Services through our Website and App. By accessing the Services through the Website and the App, immediately and from your very first access of the Services, you unconditionally and irrevocably agree to be bound by these Terms and Conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance.
The Company reserves the right to change these Terms and Conditions. These changes are effective immediately upon posting. When changes come into effect, the revised Terms and Conditions shall supersede the previous version of the Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions.
1. INTERMEDIARY SERVICE
1.1. Bulletn is an intermediary service that deals with promoting, managing, and handling payments for events listed by the Trainer (“Event”),
1.2. Bulletn is not responsible for the fulfillment of any Event, agreement or contract between the Trainer and the Student.
1.3. Bulletn is not responsible for hosting, facilitating, or otherwise fulfilling any Event or agreement listed on the Service, it is the sole responsibility of the Trainer listing the Event to fulfill and uphold all agreements and contracts with the Student without any assistance or support from Bulletn.
1.4. By listing an Event on the Bulletn Platform, the Trainer agrees to fulfill their obligations and agreements to anyone that registers for the Event, regardless of whether that registration was handled through the Bulletn Platform.
1.5. If an Event is canceled, or services cannot be rendered in any way per the event listing, all refunds, rescheduling, credits, or any other form of remittance for services not rendered, are the sole responsibility of the Trainer who listed the Event.
1.6. Bulletn is not involved in the contractual relationship between the Student and the Trainer, or in organizing the Event.
1.7. Bulletn has no control over and does not guarantee the quality, safety or legality of the Event advertised, the truth or accuracy of listings, the qualifications, background, or abilities of the Trainer, the ability of the Trainer to perform the Event, the ability of the Student to pay for the Event, or that the Trainer or the Student can or will actually complete a transaction.
1.8. The Trainer agrees to act with good faith and fair dealing in the performance of the Event.
1.9. The Trainer therefore, agrees that, although Bulletn does not take part in direct interaction between the Student and the Trainer, Bulletn has the right to take any actions against the Trainer or User not fulfilling these terms, including without limitation, suspension, termination, or legal actions, as Bulletn in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website and the App.
1.10. All Students agree that neither the Company nor any employee, officer, director or agent of the Company is liable for non-performance of the Trainer’s obligations under this Terms.
1.11. Bulletn expressly disclaims any liability or claims that may arise between any Student on the Event. Students are solely responsible for their interaction with all other Students and any disputes that arise from those interactions with other Students.
1.12. Bulletn is not responsible for any injuries, deaths, and/or damages to property or reputation that may occur at an Event. It is the responsibility of Trainers, Students, and all other persons present to maintain and enforce all appropriate safety rules while attending or holding an Event.
1.13. All Trainers or Users posting an event on Bulletn Services must hold a current liability insurance policy that covers the scope of the Event.
1.14. In addition to these Terms, all Users with a Trainer account must agree to the Trainer Agreement.
1.15. All Users of Bulletn Services must abide by our Community Guidelines.
2.1. Services are provided for residents of the United States and the European Union (generally defined as “Permitted Users’) who are at or exceed the Minimum Age (as defined below). If you are not a Permitted User, you may not use the Services. If you are under the Minimum Age (as defined below), you may not use the Services. By visiting the Platform and using the Services via the App, you represent and warrant that (i) you are a resident of one of the permitted countries and over the Minimum Age (as defined below), and (ii) you are fully able and competent to enter into this Agreement and be bound by its terms, conditions, obligations, affirmations, representations, and warranties. “Minimum Age” is 16 years of age.
2.2. You must be at least 16 years old, and if you are below the age of 16, you must have obtained the consent of your parent or legal guardian to open a Bulletn Account and/or use the Service.
2.3. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 16 years of age.
2.4. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Bulletn Services or send us any personal information.
2.5. If we learn we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible.
2.6. If you believe that a child under 16 years of age may have provided us personal information, please contact us at email@example.com.
3.1. We may revise or update this Agreement by posting an amended version through the Services and/or otherwise making a good faith effort to make you aware of the revisions. Your use of the Services following an update to this Agreement (or other acceptance method) is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Services. Any amendment to this Agreement is effective immediately upon posting.
3.2. You understand that by sharing information on the Services, and requesting information to be sent through the Services, you may be revealing information about yourself. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
3.3. You are responsible for controlling the access to and use of your account. Always make sure that your password is kept confidential. You understand and agree that we may assume instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorized access to your account or profile, and any ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any actions against us arising out of or related to any claimed unauthorized access using your account credentials.
4.1. By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send.
4.2. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at firstname.lastname@example.org.
5. CONTEST, SWEEPSTAKES, PROMOTIONS
5.1. Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service.
5.3. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
6. USE OF WEBSITE
6.1. You may not use the Website to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
6.2. When accessing the Website, you shall be prohibited from:
6.2.1. using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website;
6.2.2. using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website;
6.2.3. taking any action that imposes an unreasonable or disproportionately large data load on the Website infrastructure.
6.2.4. copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without our prior written consent;
6.2.5. reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
6.2.6. attempting to access any area of the Website to which access is not authorised.
6.3. You must only use the Service in accordance with these Terms and any applicable law.
6.4. We do not warrant that the Service will be available at all times and without disruption and we provide no warranties in relation to the content of any other web Service linked to or from our Service.
6.5. You must not link to our Service or any part of our Service in a way that damages or takes advantage of our reputation, including but not limited to:
6.5.1. in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or in a way that is illegal or unfair.
6.6. Bulletn grants you a limited, non-exclusive, revocable (with or without cause), non-transferable and non-sublicensable right and license to use and access the Services for your personal, non-commercial and educational purposes only.
7. USE OF APP
7.1. You may access Bulletn mobile application and the Services via our App.
7.2. You must only use the App in accordance with these Terms and any applicable law.
7.3. In order to be able to use the App, you shall (i) download and install the App on a mobile device which is compatible with the App, as well as (ii) have an Internet connection.
7.4. You agree that you are solely responsible for meeting the aforementioned requirements, which may also (i) bear additional charges and fees, and/or (ii) require you to perform software updates and/or to comply with the terms and conditions of your agreement(s) with your mobile device and telecommunications provider.
7.5. The Company makes the App available (a) on the Website from which you can click on a link to download the App, or (b) for download directly from Google Play and the Apple App Store.
7.6. The Company shall make every effort to ensure that Bulletn mobile app is continually available to you.
7.7. YOU CANNOT USE THE APP AND ACCEPT THE TERMS OF THIS AGREEMENT IF:
7.7.1. YOU ARE NOT OF LEGAL AGE IN THE COUNTRY OF YOUR OFFICIAL ADDRESS OR IN ANY OTHER WAY LEGALLY INCOMPETENT TO FORM A BINDING AGREEMENT AS INTENDED HEREIN. IN THIS CASE, YOU COULD ONLY USE BULLETN IF YOU INFORM THE TEAM ABOUT YOUR SITUATION AT INFO@BULLETN.NET AND PROVIDE PARENTAL OR LEGAL GUARDIAN CONSENT PRIOR TO INSTALLING THE APPLICATION AND AGREEING TO THE TERMS OF THIS AGREEMENT;
7.7.2. YOU ARE PROHIBITED FROM USING THE BULLETN APPLICATION OR PRODUCTS OF SIMILAR TYPE UNDER APPLICABLE LAWS, INCLUDING THE LAWS OF YOUR COUNTRY OF RESIDENCY OR ONE YOU'RE USING THE APPLICATION AT;
7.7.3. YOU ARE PROHIBITED FROM ENTERING INTO AGREEMENTS SIMILAR TO THIS AGREEMENT BY LEGAL AGREEMENTS WITH YOUR INTERNET SERVICE PROVIDER, MOBILE SERVICE PROVIDER, ETC., THAT, AMONG OTHER THINGS, GOVERN HOW YOU CAN SHARE YOUR INTERNET TRAFFIC, IP, AND DEVICE'S RESOURCES;
7.7.4. YOU ARE CURRENTLY DEVELOPING OR HAVE DEVELOPED A COMPETING PRODUCT AND INTEND TO ACCESS THE APPLICATION FOR COMPETITIVE PURPOSES (E.G., MONITORING AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY).
7.8. You must not (or attempt to):
7.8.1. Interfere with or disrupt the App or the server or networks that host the App;
7.8.2. Use data mining, robots, screen scraping or similar data gathering and extraction tools on the App; or
7.8.3. Interfere with security-related or other features of the App.
7.9. We do not warrant that the App will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our App.
7.10. You must not link to our App or any part of our App in a way that damages or takes advantage of our reputation, including but not limited to:
7.10.1. In a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
7.11. In a way that is illegal or unfair.
8. PROHIBITED USES
8.1. You may not use the Website and the App to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy or other personal rights of third parties; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
8.2. When accessing the Website and the App, you shall be prohibited from:
8.2.1. using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website and the App;
8.2.2. taking any action that imposes an unreasonable or disproportionately large data load on the Website and the App infrastructure;
8.2.3. copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website and the App without the Company’s prior written consent;
8.2.4. reverse assembling, reverse engineering or otherwise attempting to discover any source code relating to the Website and the App or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
8.2.5. attempting to access any area of the Website and the App to which access is not authorised.
8.3. You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
8.3.1. In any way that violates any applicable national or international law or regulation.
8.3.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
8.3.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
8.3.4. To impersonate or attempt to impersonate the Company, the Company employee, another user, or any other person or entity.
8.3.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
8.3.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.
8.4. Additionally, you agree not to:
8.4.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
8.4.2. Use any robot, spider, or another automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
8.4.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
8.4.4. Use any device, software, or routine that interferes with the proper working of Service.
8.4.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
8.4.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
8.4.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8.4.8. Take any action that may damage or falsify the Company rating.
8.4.9. Otherwise attempt to interfere with the proper working of Service.
9.1. When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
9.2. You will require to provide certain details to verify your identity. For instance, it will be subject to a strict verification process, known as “Know Your Customer”/ “Know your Business” or “KYC”/ “KYB” verification.
9.3. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.
9.4. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.
9.5. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
9.6. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
9.7. You may not use as a username any name that is offensive, vulgar or obscene.
9.8. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
10. REGISTRATION, LOGIN CREDENTIALS AND SECURITY
10.1. In order to be able to make use of and access the Services and App, you shall register on the Website and/or on the App by providing the Company with all required information which includes but is not limited to your full name, business name, address and contact information.
10.2. You agree to (i) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete.
10.3. Each Bulletn account can be accessed by its/his/her holder via the App (“Account”).
10.4. If you provide any information to the Company that is untrue, inaccurate, outdated or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated or incomplete, we may terminate your Account with us and refuse current or future use of any or all of the Services and Bulletn.
10.5. When registering an Account, if you are registering as a customer, you may provide the Company with your choice of Account password and username (“Login Credentials”).
10.6. You hereby:
10.6.1. acknowledge and agree that you are solely responsible for maintaining the confidentiality of your Login Credentials and for any and all activities that occur under your account;
10.6.2. agree to notify the Company immediately of any unauthorized use of your account or of any other breach of security. The Company shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials or Account, either with or without your knowledge. However, you may be held liable for losses incurred by the Company as a result of a third party using your Account or Login Credentials.
10.6.3. acknowledge and agree that you may not use anyone else's Account at any time, without the express permission of such account holder.
11.1. If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
11.2. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
11.4. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
11.5. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
12.1. Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly and yearly basis automatically deducted from your credit card. In the event of an insufficient funds withdrawal, your account will be considered as not paid.
12.2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Bulletn cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Bulletn customer support team.
12.3. A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Bulletn with accurate and complete billing information including full name, address, state/province zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Bulletn to charge all Subscription fees incurred to any such payment instruments.
12.4. Should automatic billing fail to occur for any reason, Bulletn will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
13. FEE CHANGES
13.1. Bulletn in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
13.2. Bulletn will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
13.3. Your continued use of Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
14. BILLING AND PAYMENT
14.1. If you are a subscriber to Bulletn Subscription, you further agree as follows:
14.2. Agreement to Pay. If you are a Bulletn Subscription User, you will be responsible for the fixed and/or periodic charges and fees (including prepayment plan fees for multiple periods or recurring monthly or yearly payments) selected at the time of Subscription. Applicable taxes and other charges incurred to access Bulletn's Subscription Services may also apply.
14.3. Auto-Renewal. Your Bulletn membership Subscription will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method (i.e., via your mobile App Store or via our Website) at the beginning of your Subscription. Your non-cancellation of Bulletn's Subscription Services or continued use of the paid subscription features of Bulletn's Subscription will reaffirm that we are authorized to charge you. If your payment method is deemed invalid, your Subscription may not renew, and your Subscription will be automatically downgraded to the free Services effective as of the end of your current billing cycle. The renewal charge will generally be the same as the prior period’s charge unless we notify you in advance at the time of sign up or before the beginning of the renewal period as described above. If you were eligible for a promotional rate but are no longer eligible for that rate, then your subscription will be offered to renew your subscription at our then-current non-promotional subscription rates at the start of the renewal period. If you wish to renew and we are currently offering promotional rates at such time, you must renew your subscription before the termination of your current plan. If you fail to renew your subscription for any Bulletn Subscription Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.
14.4. Cancellation of Bulletn Subscription. You can cancel your Subscription to our Bulletn Subscription Services at any time in the application under the ‘Account’ tab. Alternatively, you can contact Customer Support at email@example.com We will attempt to process all cancellation requests within a reasonable time after receiving your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid Subscription, your Subscription will remain active until the end of your then-current Subscription period.
14.5. Registration Transfers. If you wish to transfer registrations, please contact the Trainer of the event to arrange for registration transfer. If you are unable to reach the Trainer, or the Trainer is unable to arrange a registration transfer, please contact us at firstname.lastname@example.org.
14.6. Refund Policy. We do not provide refunds of Bulletn's Subscription Services unless required by law or unless Bulletn is no longer able to offer Bulletn's Subscription Services.
14.7. Because all transactions are between a Trainer and its respective attendees, Bulletn asks that all Students contact the applicable Trainer of their event with any refund requests.
14.7.1. If you are a Student, you acknowledge that should you receive a refund, you will not attend the event.
14.7.2. If you are a Trainer, you acknowledge that you are responsible for checking attendees against a class roster. Bulletn will not be held liable under any circumstances for any costs arisen from non-compliance by Trainers with applicable procedures that must be implemented by Trainers to check validity of attendees. Bulletn will not be held liable under any circumstances for costs and/or damage associated with attendance arisen from situations with fraud and/or for damage associated with the purchase of the event attendance through non-official means, such as third parties.
14.8. Modifications. We reserve the right to revise the terms of the fees charged for Bulletn Subscription, as well as our cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or App or such other means as we may deem appropriate from time to time (including electronic mail). Any changes made will apply to all Subscriptions created or renewed after implementing such changes.
15. INTELLECTUAL PROPERTY
15.1. Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bulletn and its licensors.
15.2. Service is protected by patent, copyright, trademark, and other laws of the State of Pennsylvania.
15.3. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bulletn.
15.4. All code, text, software, scripts, graphics, files, photos, images, logos, and materials contained on this website, our applications, or within the services, are the sole property of Bulletn.
15.5. Unauthorized use of any materials contained on this Website, our applications or within the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the materials infringe on any third party's rights, please contact Bulletn immediately at: email@example.com
15.6. All content, trademarks, data, information or information contained in any materials, or documents used in relation to Bulletn and the Services, including but not limited to any and all copyrighted works, software, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, information and agreements (“Content”), are the exclusive property of or are licensed to Bulletn. You may not reproduce, distribute or copy the Content by any means, whether electronically or not, without Bulletn’s prior written permission.
15.7. Any and all intellectual property rights in the Content, Services and Bulletn or otherwise developed by or on behalf of Bulletn, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Content, Services and Bulletn or otherwise developed by or on behalf of Bulletn, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Intellectual Property”), vests in Bulletn, its licensors or suppliers, as the case may be, and all rights not expressly granted by Bulletn to you are reserved by Bulletn.
15.8. Save as expressly set out herein and in the Contracts, you shall not acquire any right, title or interest in Bulletn’s Intellectual Property. You may not use Bulletn’s Intellectual Property in a manner which may (i) place Bulletn’s Intellectual Property at risk of losing value, and (ii) cause reputational damage to Bulletn.
15.9. You may only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by Bulletn its third-party providers and other respective owners, if any.
15.10. Subject to these Terms, and your compliance with these Terms, Bulletn hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or Content in any manner.
15.11. If you breach any of these Terms, the above license will terminate automatically.
16. COPYRIGHT POLICY
16.1. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
16.2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
16.3. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
17. DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
17.1. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our support team with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
17.1.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
17.1.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
17.1.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
17.1.4. your address, telephone number, and email address;
17.1.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
17.1.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
17.2. You can contact our support team via email at email@example.com
18. ERROR REPORTING AND FEEDBACK
18.1. You may provide us either directly at firstname.lastname@example.org or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Bulletn may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Bulletn is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Bulletn and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
19. LINKS TO OTHER WEB SITES
19.1. Our Service may contain links to third party web sites or services that are not owned or controlled by Bulletn.
19.2. Bulletn has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
19.3. YOU ACKNOWLEDGE AND AGREE THAT BULLETN 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 THIRD-PARTY WEB SITES OR SERVICES.
19.4. WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
20. APP STORE REQUIREMENTS
20.1. You acknowledge and agree that the availability of our App is dependent on the third-party stores from which you download the application, including Apple Inc.’s (“Apple”) App Store (the “Apple App Store”) and Google LLC’s (“Google”) App Store (“Google Play”).
20.3. Through our App, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the Service. When you make an In-App Purchase, you are doing so through the Apple iTunes service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html. Bulletn LLC not a party to any In-App Purchase.
21. APP STORE TERMS
21.3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Bulletn App. We do not offer maintenance or support services in connection with the Bulletn App.
21.5. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Bulletn App or your possession and/or use of the Bulletn App, including, but not limited to: (i) product liability claims; (ii) any claim that the Bulletn App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
21.6. In the event of any third-party claim that the Bulletn App or your possession or use of the Bulletn App infringes that third party’s intellectual property rights, Bulletn and not Apple will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
21.7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
21.8. You must comply with any third-party terms that are applicable to the use of the Bulletn App from time to time.
21.10. Bulletn offers optional in-app purchases in the form of auto-renewing subscriptions. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store account settings after purchase.
22. DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY, INDEMNITY, WAIVER AND SEVERABILITY
22.1. DISCLAIMER OF WARRANTY. THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY 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 A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22.2. LIMITATION OF LIABILITY. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
22.3. INDEMNITY. You agree to indemnify, defend and hold harmless us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims demands (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms or your breach of any law or the right of third party.
22.4. WAIVER AND SEVERABILITY. No waiver by the Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
23.1. We may terminate your use and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
23.2. If you wish to stop using our Service, you may simply discontinue using Service.
23.3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
23.4. Bulletn may terminate your right to use the Services at any time:
23.4.1. if you violate or breach these Terms;
23.4.2. if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Bulletn; or
23.4.3. if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Bulletn to legal liability.
23.5. Bulletn may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Bulletn's sole discretion, failure to do so would materially prejudice you. You agree that Bulletn will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
23.6. Except to the extent, you have agreed otherwise in a separate written agreement between you and Bulletn, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are the Student using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Bulletn governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
23.7. All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
24. DOWNTIME AND SUSPENSIONS
24.1. Your access to and use of the Services may be interrupted for the duration of any scheduled, unscheduled, or unanticipated downtime, suspension or another unavailability, for any reason and in our sole discretion, including but not limited to: (i) as a result of power outages, system failures or other interruptions, (ii) for scheduled and unscheduled downtime to permit maintenance or modifications to the Services, (iii) in the event of a denial of service attack or other attack or event that we determine may create any risk to us, you or any of our users, customers, or licensees, or (iv) in the event that we determine that any Service is prohibited by applicable law or otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any downtime, suspension or other unavailability of the Services. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, settings or other service interruptions. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or settings.
24.2. We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice.
24.3. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
24.4. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
25.1. Your Rights. Bulletn does not claim ownership of the information that you submit for your Bulletn account or through our Services. You must have the necessary rights to such information that you submit for your Bulletn account or through our Services and the right to grant the rights and licenses in our Terms.
25.2. Bulletn’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our express permission
25.4. Bulletn’s License to You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services, in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
26. YOUR PRIVACY
26.4. We care about data privacy and security. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
26.5. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 17 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
26.6.1. Apple App Store, See Attachment 1 | https://www.apple.com/legal/privacy/en-ww/
26.6.2. In-App Purchases: http://www.apple.com/legal/internet-services/itunes/us/terms.html | https://www.apple.com/legal/privacy/en-ww/
26.6.3. Google Play Store: https://play.google.com/about/play-terms/index.html | https://policies.google.com/privacy?hl=en
26.6.4. Google Payments: https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=uk, https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice
27. DISPUTE RESOLUTION
27.1. Bulletn as an intermediary service platform that acts as a simple mediator between the Student and the Trainer.
27.2. Nonetheless, Bulletn offers our Customer Service who will act immediately to resolve any dispute that may happen while the usage of the Services.
27.3. In order to use this service, the user should contact Bulletn support, in a period of no more than 48 hours after an issue happened, at: email@example.com, Bulletn will not acknowledge any claims made outside of this period.
27.4. Once the claim has been made, it will be assessed internally by Bulletn, and where applicable, Bulletn will act immediately to help solve any issue that may arise during the usage of Services.
27.5. Parties agree for the purposes of the settlement of an issue, an e-mail correspondence, phone call or video conference with the authorized persons of Bulletn shall be the effective and binding method of communication.
28. GOVERNING LAW
28.1. These Terms shall be governed and construed in accordance with the laws of the State of Pennsylvania without regard to its conflict of law provisions.
28.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
28.3. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
28.4. Each party irrevocably agrees that the courts of the State of Pennsylvania shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
28.5. Notwithstanding the specified agreement on jurisdiction, you and Bulletn shall, if any dispute arises, attempt to settle it by mutual negotiations.
28.6. You agree that for the purposes of the settlement of disputes between you and Bulletn, e-mail correspondence with the authorized persons of Bulletn at: firstname.lastname@example.org shall be the effective and binding method of communication.
29. AMENDMENTS TO TERMS
29.1. We may amend the Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
29.2. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes.
29.3. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
29.4. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
29.5. If you do not agree to the new terms, you are no longer authorized to use Service.
30.1. BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
30.2. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written .
31. CONTACT US
31.1. For more information about our Terms and Conditions, if you have questions, or if you would like to make a complaint, please send your feedback, comments and requests for technical support:
31.1.1. By email: email@example.com