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Terms of use

This service is provided by BullishMarketing.com. ("We" or "BullishMarketing.com") to you ("you" or "user"), subject to the terms of this agreement ("Agreement"), and the rules that may be published from time to time by BullishMarketing.com. BullishMarketing.com currently offers services to users who agree to abide by (i) the terms and conditions of this Agreement; (ii) the privacy policy, and (iii) all other guidelines posted on the BullishMarketing.com network of sites. BullishMarketing.com reserves the right to change the nature of this relationship at any time without notice to you. You may review the most current version of this Agreement at: http://bullishmarketing.com/?act=termsc&subm=6. In addition, when using particular services of BullishMarketing.com, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted by BullishMarketing.com from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Users who violate the terms of this Agreement will have their BullishMarketing.com account ("Account") canceled and they may permanently be banned from using BullishMarketing.com. ENTERING a page of the BullishMarketing.com site WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER.

1. Description of Service

BullishMarketing.com is an online sms service that enables users to send text messages from the internet using the internet (which are made available on the Web and/or mobile devices) and provides users with access to a collection of services and resourcesluding various communication tools, content, applications, and programming offered from time to time through its network of properties (the "Service"). One benefit of the Service is to enable users to send messages at low cost affordable prices. Please note that users are NOT charged on their mobile phone accounts for many such services and communications. BullishMarketing.com also employs community representatives who, among other tasks assist users by answering questions, and help groups. You understand and agree that the Service is provided "AS-IS" and that BullishMarketing.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Unless otherwise stated, all fees on the Service are quoted in Australian Dollars. 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 data, 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 Webluding a computer and modem or other access device..
YOU UNDERSTAND THAT BullishMarketing.com MAY MODIFY SERVICES AT ANY TIME AND THAT BullishMarketing.com SPECIFICALLY RESERVES THE RIGHT FROM TIME TO TIME TO ALTER THE SELECTION, FUNCTIONALITY AND PRICING OF SERVICES AND MESSAGES,

2. Your Registration Obligations

In consideration of your use of the Service, 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 BullishMarketing.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BullishMarketing.com 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). BullishMarketing.com is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as a legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 4 below) is appropriate for your child. You agree to grant BullishMarketing.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers), right to exercise the copyright and publicity rights you have to your Registration Data and any information you provide to BullishMarketing.com or other users within publicly accessible areas of the Service or through the messaging service ("Your Information"), in any media now known or not currently known. BullishMarketing.com will only use the Registration Data and Your Information in accordance with BullishMarketing.com Privacy Policy.

3. User Account, Password, and Security

You are responsible for maintaining the confidentiality of the password for your Account, and are fully responsible for all activities that occur under your password or Account. You agree to (a) immediately notify BullishMarketing.com 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. BullishMarketing.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

4. User Conduct

You understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Accordingly, you, not BullishMarketing.com, are entirely responsible and liable for all activities conducted through your Account. BullishMarketing.com does not control the Content posted or transmitted in any way via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using this Service you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will BullishMarketing.com be liable in any way for any Contentluding but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, sent via SMS or otherwise transmitted via the Service. Listed below are some, though not all, violations that may result in BullishMarketing.com terminating your Account. You agree not to do any of the following actions while using the Service:

  1. You will not use Bullish Marketing™ to post or transmit offensive emails or text messages.
  2. You will not knowingly post offensive material using another person's account or email address.
  3. You will use Bullish Marketing™ services for all your online marketing..
  4. You will not use Bullish Marketing™ to send junk mail or send spam.
  5. If you buy a prepaid card from Bullish Marketing™, you agree to be responsible for all charges accrued to your account in accordance with our sms charges.
  6. Bullish Marketing™ reserves the right to suspend any member who violates these rules.
  7. Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another BullishMarketing.com participant, user, or other individual or entity;
  8. Upload, post, email, SMS, or otherwise transmit via the Service any Content that BullishMarketing.com considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
  9. Upload, post, email, SMS, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
  10. Upload, post, email, SMS, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
  11. Cause any screen in the Service to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect;
  12. Impersonate in the Service any personluding but not limited to, an BullishMarketing.com official, forum leader, guide or host;
  13. Disrupt the normal flow of dialogue within the Service or otherwise act in a manner that negatively affects other participants;
  14. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Service;
  15. Collect or store personal data about other users;
  16. Intentionally or unintentionally violate any applicable local, state, national or international lawluding but not limited to any regulations having the force of law while using or accessing the Service or in connection with your use of the Service in any manner;
  17. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Service.
  18. Provide or send any content which may be harmful or detrimental to BullishMarketing.com or its business associates, or which violates any restriction or policy established by BullishMarketing.com or its business associates.
  19. In addition, you understand and acknowledge that differing countries, societies and governments may hold their citizens, companies and visitors to a different standard of conduct and speech (legal, ethical, moral and/or religious), and in this regard your Services may be terminated if they offend the conduct and speech standards of the country they are in or are transmitting in to. Considerations include:
    1. the sensibilities of the recipient of the transmissions whether they hold a difference religious or ethical viewpoint, are of a different race or heritage, have a mental disorder or handicap, or any other person having special circumstances;
    2. transmissions to or aimed at an audience of children (persons under the age of 18) that include references to sexual practices and/or containing inappropriate or offensive language; and
    3. content which promotes or incites terrorism, the misuse of weapons, or encourages or incites a person to commit a criminal offense.

Note on unsolicited advertising and spam: BullishMarketing.com policy on using our communication system to market to our users mandates that:

  • The sender of any message deemed to be "spam", "marketing" or "mail bombing" to any other user or users will be liable for $100 for each account/user that receives each unauthorized message, commercial (promoting services of a commercial entity) or not.
  • The sender will pay all fees owed to BullishMarketing.com within thirty (30) days of such transmission. Note: this means that if a message like the one described above is sent to a club of 300 users, or to one user 300 times, then you will be liable for $30,000, payable to BullishMarketing.com, within 30 days.

You acknowledge that BullishMarketing.com doesn't pre-screen Content, but that BullishMarketing.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limitation, BullishMarketing.com shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Contentluding any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by BullishMarketing.com, transmitted through the Service, or submitted to BullishMarketing.com. You acknowledge and agree that BullishMarketing.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BullishMarketing.com, its users and the public. You understand that the technical processing and transmission of the Serviceluding your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. Payment for Content/Application

You acknowledge that BullishMarketing.com shall not be responsible or liable in any way for any Content you may purchase via the Service including the accuracy, usefulness or availability of such Content. BullishMarketing.com reserves the right to restrict or deny access to Content at any time which you may have purchased. If such occurs, you are entitled to a refund for the sum paid during that particular month (or portion thereof), or a replacement content/application if available.

7. Indemnity

You agree to indemnify and hold BullishMarketing.com, and its subsidiaries, affiliates, officers, agents, customers or other partners, and employees, harmless from any claim or demandluding 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 this Agreement, or your violation of any rights of another.

8. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. General Practices Regarding Use and Storage

You acknowledge that BullishMarketing.com may establish general practices and limits concerning use of the Serviceluding without limitation the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the BullishMarketing.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BullishMarketing.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that BullishMarketing.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

10. Modifications to Service

BullishMarketing.com 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 BullishMarketing.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Termination

You agree that BullishMarketing.com, in its sole discretion, may terminate your password, Account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reasonluding, without limitation, for lack of use or if BullishMarketing.com believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. BullishMarketing.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that BullishMarketing.com 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. Further, you agree that BullishMarketing.com shall not be liable to you or any third-party for any termination of your access to the Service. 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 must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Dealings with Advertisers and Users

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Serviceluding 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 BullishMarketing.com 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. In addition, BullishMarketing.com does not regulate user-to-user dealings, therefore, in the event you have a dispute with one or more users of the Service, You agree that BullishMarketing.com 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 user or users on the Service.

14. BullishMarketing.com'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. “BullishMarketing.com Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations that are used by BullishMarketing.com in connection with its website, products and servicesluding, without limitation, BullishMarketing.com, BullishMarketing.com Premium SMS Service. Third Party Trademarks. All other trademark and service marks appearing on BullishMarketing.com’s web site which do not belong to BullishMarketing.com are the property of their respective owners. Except as expressly authorized by BullishMarketing.com or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. BullishMarketing.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BullishMarketing.com for use in accessing the Service. Persons pictured upon the BullishMarketing.com homepage consist of models and are used for illustrative purposes only.

15. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BullishMarketing.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIEDLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) BullishMarketing.com 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. (c) 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. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BullishMarketing.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary from state to state.

16. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BullishMarketing.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECTIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BullishMarketing.com 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. BullishMarketing.com'S LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF(A) THE AMOUNT OF FEES YOU PAY TO BullishMarketing.com IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

17. Notice

Notices to you may be made via email, SMS (short message service), regular mail, or the Service may also provide notices of changes to this Agreement or other matters by posting notices or links to notices generally on the Service.

18. General Information

This Agreement constitutes the entire agreement between you and BullishMarketing.com and governs your use of the Service, superseding any prior agreements between you and BullishMarketing.com. 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. This Agreement and the relationship between you and BullishMarketing.com shall be governed by the laws of Australia without regard to its conflict of law provisions. You and BullishMarketing.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Australia. The failure of BullishMarketing.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement 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 this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. "BullishMarketing.com" and are service marks owned by BullishMarketing.com., all other trademarks are the property of their respective owners.

 
 
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