Bulls Not Bears, LLC offers products, services and publications. The services offered by Bulls Not Bears, LLC, a Texas limited liability company (“BNB” or “we”) include the BullsNotBears.com website (the “BNB Website”), and any other features, content, or applications offered from time to time by BNB in connection with the BNB Website (collectively, the “BNB Services”).
This Agreement includes BNB’s policy for acceptable use of the BNB Services and Content posted on the BNB Website, your rights, obligations and restrictions regarding your use of the BNB Services.
BNB may modify this Agreement from time to time and such modification shall be effective upon posting by BNB on the BNB Website. You agree be bound to any changes to this Agreement when you use the BNB Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
BNB reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the BNB Services at any time, for any or no reason, with or without prior notice, and without liability.
- Proprietary Rights in Content on BNB.
- The BNB Services contain Content of BNB (“BNB Content”). BNB Content is protected by copyright, trademark, patent, trade secret and other laws, and BNB owns and retains all rights in the BNB Content and the BNB Services.
- The BNB Services contain Content of Users and other BNB Members. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, prepare compilations, make derivative works, transfer, or sell any content appearing on or through the BNB Services.
- Content Posted.
- BNB may delete any communication or content that, in the sole judgment of BNB, (a) violates this Agreement (b) may be offensive or illegal or (c) harms, threatens the safety of, or violates the rights of any person. BNB assumes no responsibility for monitoring the BNB Services for inappropriate communication, content or conduct. If at any time BNB chooses, in its sole discretion, to monitor the BNB Services, BNB nonetheless assumes no responsibility for any communication or Content. BNB has no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting such Content.
- Private correspondence or Content is not necessarily reviewed by BNB prior to posting and does not necessarily reflect the opinions or policies of BNB. BNB makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is prohibited to post on or through the BNB Services. BNB reserves the right to investigate and take appropriate legal action against anyone who, in BNB’s sole discretion, violates this provision, including without limitation, removing the offending communication from the BNB Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of BNB:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or e-mail addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent; or
- for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
- destructive criticism about other learners or any service in BNB, or encouraging other users to such acts.
- advertising to, or solicitation of, any Member to buy or sell any products or services through the BNB Services. You may not transmit any chain letters or junk e-mail to other Members.
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the BNB Services or the networks or services connected to the BNB Services. This includes marking any mail from BNB as spam. You may unsubscribe from BNB emails at any time, for any reason, by following the instructions on the Member’s Account Settings page;
- attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the BNB Services in order to harass, abuse, or harm another person;
- using the BNB Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. BNB owns all rights, title, interest and ownership to all worldwide Intellectual Property Rights (as defined below) in the BNB Content independent of the medium. “Intellectual Property Rights” shall mean ideas, concepts, methodology, taxonomy, improvements, trade secrets, know-how, show-how, improvements, compilations, collective works, trademarks, sui generis database rights, moral rights, original works of authorship, copyrights, derivatives, renewal rights; including work based upon one or more preexisting works, such revisions, enhancements, modifications or translations, abridgement, condensation, expansion or any other form that a work may be recast, transformed, or adapted; and proprietary rights whether registered or unregistered. BNB Content is also protected by U.S. and International Copyright Law. BNB ownership of the BNB Content includes all modifications, enhancements and derivatives thereof and all intellectual property rights therein. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to BNB without obtaining the prior written consent of BNB.
- Disclaimers. BNB is not responsible for any incorrect or inaccurate information posted on the BNB Website or in connection with the BNB Services, whether caused by Users of the BNB Services or by any of the equipment or programming associated with or utilized in the BNB Services. BNB does not guarantee the efficacy of its books, learning content & material. Other provisions may be added to qualify the company’s liability to the presentation of effective quality education and training material. BNB takes no responsibility for third party advertisements which are posted on this BNB Website or through the BNB Services, nor does it take any responsibility for the goods or services provided by its advertisers. BNB is not responsible for the conduct, whether online or offline, of any User of the BNB Services. BNB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BNB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the BNB Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the BNB Services. Under no circumstances shall BNB be responsible for any loss or damage, including personal injury or death, resulting from use of the BNB Services, attendance at a BNB event, from any information posted on or through the BNB Services, or from the conduct of any Users of the BNB Services, whether online or offline. The BNB Services are provided “AS-IS” and as available and BNB expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BNB cannot guarantee and does not promise any specific results from use of the BNB Services. BNB cannot guarantee any future performance or results that you may or may not achieve because of the infinite number of variables in the world that are outside the control of BNB or You, any User, Visitor or Member.
- Limitation on Liability. IN NO EVENT SHALL BNB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BNB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BNB’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BNB FOR THE BNB SERVICES FOR A PERIOD OF SIX (6) MONTHS PRIOR TO ANY CLAIMED, ACTUAL OR ALLEGED INCIDENT.
- Disputes. If there is any dispute about or involving the BNB Services, you agree that the dispute shall be governed by the laws of the State of Texas, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State of Texas. Either BNB or you may demand that any dispute between BNB and you about or involving the BNB Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Dallas, Texas, provided that the foregoing shall not prevent BNB from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold BNB, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the BNB Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any information that you post on the BNB Website or through the BNB Services causes BNB to be liable to another.