Terms Of Use, Privacy Policy, Disclaimers, And Other Legal InformationPRIVACY POLICYLast
Updated: TelevisionExercise.com and
Bullpen Marketing LLC (hereafter "We" or "Us") aim to
offer information conducive to your benefit. We may use your
personal
information (your name, e-mail address, street address, telephone
number)
subject to the terms of this privacy policy. We dislike spam
as much as
you do and we will never sell, barter, or rent your email address to
any
unauthorized third party; and we have taken measures to make sure that
you
receive communications from us only after you have given your approval. How
we gather
information from users How
we collect and
store information depends on the page you are visiting, the activities
in which
you elect to participate and the services provided. For example, you
may be
asked to provide information when you register for access to certain
portions
of our site or request certain features, such as newsletters or when
you make a
purchase. Like most Web sites, we also collect information
automatically and
through the use of electronic tools that may be not
apparent to our
visitors. For example, we may log the name of your Internet Service
Provider or
use cookie technology to recognize you and hold information from your
visit. As we adopt additional technology, we may also gather
information
through other means. In certain cases, you can choose not to provide us
with
information, for example by setting your browser to refuse to accept
cookies,
but if you do you may be unable to access certain portions of the site
or may
be asked to re-enter your user name and password, and we may not be
able to
customize the site's features according to your preferences. What
we do with the
information we collect Like
other Web
publishers, we collect information to enhance your visit and deliver
more
individualized content and advertising. We respect your privacy and do
not share
your information with anyone. Aggregated
Information
(information that does not personally identify you) may be used in many
ways.
For example, we may combine information about your usage patterns with
similar
information obtained from other users to help enhance our site and
services
(e.g., to learn which pages are visited most or what features are most
attractive). Aggregated Information may occasionally be shared with our
advertisers and business partners. Again, this information does not
include any
Personally Identifiable Information about you or allow anyone to
identify you
individually. We may use Personally Identifiable Information collected
on this
site to communicate with you about your registration and
customization
preferences; our Terms of Service & Privacy Policy
& Anti-Spam
Policy; additional services and products offered by us, and other
topics we
think you might find of interest. We
will use your
information only as permitted by law. In addition, from time to time as
we
continue to develop our business, we may sell, buy, merge or partner
with other
companies or businesses. In such transactions, user information may be
among
the transferred assets. We may also disclose your information in
response to a
court order, and at other times when we believe we are reasonably
required to
do so by law, as well as in connection with the collection of amounts
you may
owe to us, and/or to law enforcement authorities whenever we deem it
appropriate or necessary. Please note we may not provide you with
notice prior
to disclosure in such cases, and you agree we have no obligation to do
so. Affiliated
sites,
linked sites and advertisements We
expect all
partners, advertisers and affiliates to respect the privacy of our
users.
Be aware, however, that third parties, including our
partners,
advertisers, affiliates and other content providers, accessible through
our
site, may have their own privacy and data collection policies and
procedures. For example, during your visit to our site you
may link to,
or view as part of a frame on a web page, certain content that is
actually
created or hosted by a third party. Also, through us you may be
introduced to,
or be able to access, information, Web sites, and
features offered by
other parties. We are not responsible for the actions or
policies of such
third parties. You should check the applicable privacy
policies of those
third parties when providing information on a feature or page operated
by a
third party. While
on our site,
other features available on our site may offer services operated by
third
parties and may use cookies or other technology to gather information.
We do
not control the use of this technology by third parties or the
resulting
information, and we are not responsible for
any actions or
policies of such third parties. You
should also be
aware that if you voluntarily disclose Personally Identifiable
Information on
message boards or in chat areas, that information can be viewed
publicly and
can be collected and used by third parties without our knowledge and
may result
in unsolicited messages from other individuals or third parties. Such
activities are beyond our control and this policy.
You agree that
you are solely responsible for actions which you take on message boards
and
chat rooms, and you exonerate us from any liability for those actions
and agree
to indemnify and hold us harmless for the actions which you
take. Children's
Privacy We
do not knowingly
collect personal information from children under the age of 16. If we
learn
that we have personal information on a child under the age of 16, we
will
delete that information willingly from our systems. We encourage
parents to go
online with their kids. Here are a few tips to help make a child's
online
experience safer:
Changes
to this Policy We
reserve the right
to change this policy at any time. Please check this page
periodically
for changes to the policy. Your continued use of our site
following the
posting of changes to these terms will mean you accept those
changes.
Information collected prior to the time any change is posted will be
used
according to the rules and laws that applied at the time the
information was
collected. Governing
law The
laws governing
this policy are the same as those found on this website. Contacting
Us We
can be reached by
contacting: Bullpen
Marketing LLC Phone:
(214) 335-5348 E-mail:
info@TelevisionExercise.com
TERMS
OF USE Terms
of Use Last
updated on Please
read the Terms
of Use carefully before accessing or using this Site. ACCEPTANCE
OF TERMS By
accessing or using
this Site in any way, including using any Services, downloading
Materials or
merely browsing the Site (capitalized terms defined below), you agree
to and
are bound by the terms and conditions set forth in this document and in
any
changes thereto that Bullpen Marketing, LLC (Bullpen) may publish from
time to
time (collectively, the "Terms of Use"). If you do not agree
to
all of the terms and conditions contained in the Terms of Use, do not
access or
use this Site. Bullpen
may change the
Terms of Use and other guidelines and rules posted on the Site from
time to
time at its sole discretion. Your continued access or use of the Site,
or any
Materials or Services, constitutes your acceptance of the changes. Your
access and use of the Site, Materials and Services will be subject to
the most
current version of the Terms of Use, rules and guidelines posted on the
Site at
the time of such use. Please regularly check the "Legal" link on the
home page of www.TelevisionExercise.com
to
view the then-current terms. If you breach any of the Terms
of Use, your
authorization to access or use this Site, Services and Materials
automatically
terminates, and any Materials downloaded or printed from the Site in
violation
of the Terms of Use must be immediately destroyed. THE
SITE Bullpen
Marketing,
LLC, its affiliates and agents ("Bullpen") make this Web site and all
other websites of Bullpen Marketing, LLC with links to the Terms of Use
(collectively, the "Site"), and the Materials and Services, available
for your access and use subject to the Terms of Use. "Materials"
means all information, data, documents (e.g. white papers, press
releases,
datasheets, FAQs, etc.), communications, downloads, files, text,
images,
photographs, graphics, videos, webcasts, publications, content, tools,
resources, software, code, programs and products made available or
enabled via
the Site by Bullpen or users of this Site. "Services" means all
services and resources offered or enabled via the Site by Bullpen and
users of
this Site, including download areas, developer tools services, product
and
other information services and communications services such as bulletin
boards,
calendars, chat areas, communities, e-mail, forums (including lab and
user to
user forums), newsgroups, personal webpages, photo albums and other
message or
communication facilities designed to enable you to communicate with
others
(collectively, "Communications Venues"). All Materials provided by
Bullpen are referred to collectively as "Bullpen Materials". All
user-supplied
Materials are referred to collectively as "User Materials". Certain
Services may involve collaboration and file-sharing services among a
specified
group. Materials posted by users in such group in conjunction with such
collaboration and file-sharing Services are referred to collectively as
"Shared Content". The group of persons among which such collaboration
and file sharing involving Shared Content takes place is referred to
herein as
the "Work Group". All User Materials that are not Shared Content
shall be referred to herein as "User Content". Bullpen Materials and
User Materials may have different restrictions and conditions
associated with
them under the Terms of Use and other guidelines and rules posted via
the Site. INTELLECTUAL
PROPERTY;
LIMITED LICENSE TO USERS; TRADEMARK INFORMATION The
Materials and
Services, as well as their selection and arrangement, are protected by
copyrights, trademarks, patents, trade secrets and all other
intellectual
property and proprietary rights (collectively, "Intellectual Property
Rights"), and any unauthorized use of the Materials or Services may
violate such laws and the Terms of Use. Except as expressly provided
herein,
Bullpen and its suppliers do not grant any express or implied rights to
use the
Materials and Services. You agree not to copy, republish, frame,
download,
transmit, modify, adapt, create derivative works based on, rent, lease,
loan,
sell, assign, distribute, display, perform, license, sublicense or
reverse
engineer the Site, Materials or Services, any portions of the Site,
Materials
or Services or the selection and arrangement of the Site, Materials or
Services, except as expressly authorized herein. In addition, you agree
not to
use any data mining, robots or similar data gathering and extraction
methods in
connection with the Site, Services or Materials. The
trademarks, logos
and service marks ("Marks") displayed on this Site are the property
of Bullpen Marketing, LLC or other third parties. You are not permitted
to use
the Marks without the prior written consent of Bullpen Marketing, LLC
or such
third party that may own the Marks. Bullpen and the Bullpen logo are
trademarks
of Bullpen Marketing, LLC. For
a current list of
Bullpen's Marks, please contact Bullpen Marketing LLC at info@TelevisionExercise.com. USE
OF SITE AND
SERVICES You
shall pay all
costs and charges, including phone charges and telecommunications
equipment
costs, that you incur in order to access or use the Site, Services and
Materials. You must adhere to all limitations on dissemination, usage
and
reproduction of any Materials that you download from the Site that are
subject
to such limitations. You agree to use the Services only to access,
download,
utilize, post, send or receive Materials in an appropriate manner as
related to
the particular Materials or Services being accessed or used by you. As
some
examples of improper activities when accessing or using the Site,
Services or
Materials, you agree that you shall not:
When
using Services or
Materials, you will be subject to any posted guidelines, rules or
licenses
applicable to such Services or Materials, in addition to the Terms of
Use.
Materials and Services provided by third parties (collectively, the
"Third-Party Services") are governed by separate agreements
accompanying
such Materials and Services. Bullpen offers no guarantees and assumes
no
responsibility or liability of any type with respect to the Third-Party
Services, including any liability resulting from incompatibility
between a
Third-Party Service, Bullpen Materials, Bullpen provided Services or
another
Third-Party Service. You agree that you will not hold Bullpen
responsible or
liable with respect to the Third-Party Services. Certain
Services and
Materials will only be made available to users who have paid Bullpen a
fee for
such Services and Materials. Such users may additionally be required to
enter
into a subscription agreement or other use agreement for that
particular
Service or Material. In addition to these Terms of Use, users of any
Services
that include Communications Venues may be required, in
Bullpen’s sole
discretion, to agree to a separate legal agreement on the Site or
otherwise.
Your access to such Communications Venues will be denied for violation
of
either the Terms of Use or the applicable agreement. Bullpen,
in its sole
discretion, may (but has no obligation to) monitor or review the
Materials and
Services at any time. Bullpen may at any time without notice and in its
sole
discretion: (a) terminate a Service, access to or use of any Materials
or an area
of the Site where Materials are posted or submitted; and (b) disclose
any
information related to your use of a Service or Material, or the
substance of
any of your posted or submitted Materials, as Bullpen deems necessary
to comply
with applicable law, regulation, legal process or governmental request.
You
agree to use extra care when disclosing any personally identifiable
information
about yourself or your children in any Services or when you post or
otherwise
submit any Materials. If
you are required to
establish an account in connection with a particular Service or
Material, you
must complete the designated registration process for such Service or
Material.
All required registration information that you provide must be current,
complete and accurate and kept up to date on a prompt, timely basis. If
required, you must also choose a user name and password for such
account. It is
your sole responsibility to keep your account number, user name,
password and
other sensitive information confidential. If you become aware of any
unauthorized use of your account or any other breach of security, you
shall
notify Bullpen immediately. If any Services or Materials provide
password-restricted access to your sensitive information (including
customer
lists and contractual terms), then by accessing or using this Site and
setting
up a password-restricted account for such Services or Materials, you
consent to
Bullpen’s display of such information via such Services or
Materials and accept
all risks of unauthorized access to such information. USE
OF SOFTWARE Materials
encompassing
any software code, including programs, tools, utilities, files and
otherwise,
and accompanying documentation that are made accessible via the Site
(collectively, "Software") are the copyrighted and patented work of
Bullpen or its suppliers. Use of such Software is governed by the terms
of the
license agreement that accompanies or is included with the Software, or
by the
license agreement expressly stated on the Site page(s) accompanying the
Software.
Some license terms are available and are incorporated herein by this
reference.
However, other terms and licenses may only be posted with the Software
downloads or at the Site page where the Software can be accessed. You
will not
be able to use, download or install any Software that is accompanied by
or
includes a license agreement unless you agree to the terms of such
license
agreement. Absent a license agreement that accompanies the Software,
use of the
Software will be governed by the Terms of Use. You agree that you will
not
decompile, reverse engineer or otherwise attempt to discover the source
code of
the Software. The Software is made available solely in accordance with
the
license agreement. Without limiting the foregoing, unless the
accompanying
license agreement expressly allows otherwise, any copying or
redistribution of
the Software is prohibited, including any copying or reproduction of
the
Software to any other server or location for further reproduction,
redistribution or use on a service bureau basis. Any
unauthorized use,
copying or distribution of the Software is expressly prohibited by law,
and may
result in severe civil and criminal penalties. Violators will be
prosecuted to
the maximum extent possible. Any
Software which is
downloaded from or made available via the Site for or on behalf of the USE
OF MATERIALS AND
USER CONTENT Except
as indicated to
the contrary elsewhere on this Site, you may view, download, and print
the
Bullpen Materials and User Content available on this Site subject to
the
following conditions:
Use
of the Bullpen
Materials or User Content for any other purpose is expressly prohibited
and may
result in severe civil and criminal penalties. Violators will be
prosecuted to
the maximum extent possible. The
rights specified
above to view, download and print the Bullpen Materials and User
Content
available on this Site are not applicable to the design, layout or look
and
feel of this Site. Such elements of the Site are protected by law,
including
trade dress, trademark, unfair competition and other laws, and may not
be
copied or imitated in whole or in part. No Mark, graphic, sound or
image from
the Site may be copied or retransmitted unless expressly permitted by
Bullpen.
In addition, various sections of the Site may showcase the work of
creative
professionals. Such Materials (whether Bullpen Materials or User
Content)
belong to their creators, may be protected by Intellectual Property
Rights and
are for display purposes only. Accordingly, you may not download or
print these
works unless there is a notice associated with the work expressly
permitting
such uses. SUBMITTED
MATERIALS All
of your User
Materials that you post on or otherwise submit via the Site and
Services shall
not be confidential information or trade secrets owned by you or any
other
party. You will receive no compensation for any use of your User
Materials. Bullpen
may, but is not required to, post or use any of your User Materials
that you
may post or otherwise submit. Bullpen does not pre-screen User
Materials that
users provide or otherwise submit via the Site or Services; however,
Bullpen
may remove any posted or submitted User Materials from the Site or any
Service
for any reason without notice in its sole discretion. By posting or
submitting
your User Materials, you represent and warrant that you own or
otherwise
control all of the Intellectual Property Rights and other rights to
your User
Materials as described in these Terms of Use, including all the rights
necessary for you to post or submit your User Materials. In
addition, by
posting or otherwise submitting your User Materials that contain
images, photographs,
pictures, videos, webcasts or that are otherwise graphical in whole or
in part
("Images"), you represent and warrant that: (a) you own the copyright
in such Images, or that you have obtained all necessary license(s) from
the
copyright owner(s) of such Images to use such Images, or portions
thereof, in
keeping with your use in connection with the Site, the Services and as
otherwise permitted by these Terms of Use; (b) you have the rights
necessary to
grant the licenses and sublicenses described in these Terms of Use; and
(c) you
have received consent from any and all persons depicted in such Images
to use
the Images as set forth in these Terms of Use, including the
distribution,
public display, public performance and reproduction of such Images. By
posting
or otherwise submitting Images, you grant to Bullpen and all other
users of
this Site permission to use your Images in connection with their use
permitted
by these Terms of Use (including making prints and gift items
incorporating
such Images), including an unrestricted, irrevocable, non-exclusive,
worldwide,
royalty-free and fully paid up license under all Intellectual Property
Rights
to copy, distribute, transmit, publicly display, publicly perform,
reproduce,
edit, modify, translate, transmit and reformat your Images, with or
without
having your name attached to such Images, in any manner or form and for
any
purpose, with full rights to sublicense such rights through multiple
tiers of
distribution. You will receive no compensation with respect to the use
of your
Images. You
are solely and
entirely responsible for all of your User Materials that you post or
otherwise
submit via the Site or Services. You shall assume all risks associated
with the
use of your User Materials including any reliance on the accuracy,
completeness
or usefulness of your User Materials. Bullpen does not guarantee the
accuracy,
integrity or quality of your User Materials. You acknowledge and agree
that by
accessing or using the Site or Services, you may be exposed to User
Materials
from others that are offensive, indecent or otherwise objectionable. Bullpen’s
RIGHTS TO
SUBMITTED USER MATERIALS For
all of your User
Materials that you post or otherwise submit to the Site, including (a)
comments
to Communications Venues, (b) feedback, (c) bug reports, (d) piracy
reports or
(e) product suggestions, you grant Bullpen and the users of this Site
an
unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and
fully
paid up license under all Intellectual Property Rights to use,
reproduce,
publicly display, publicly perform, copy, edit, modify, translate,
reformat,
transmit and distribute such User Materials, with or without having
your name
attached to such Images, in any manner or form and for any purpose,
with full
rights to sublicense such rights through multiple tiers of
distribution, and
you also acknowledge and agree that Bullpen is free to use any ideas,
concepts,
know-how or techniques that you provide for any purpose without any
compensation to you. You acknowledge and agree that Bullpen shall not
be liable
for any failure to store User Materials on the Site at any time. RESTRICTION
AND
TERMINATION OF USE Bullpen
may block,
restrict, disable, suspend or terminate your access to all or part of
the Site,
Services and Materials at any time in Bullpen’s sole
discretion, without prior
notice or liability to you. LINKS
TO THIRD PARTY
SITES The
Site, Services or
Materials may include links that will take you to other sites outside
of the
Site ("Linked Sites"). The Linked Sites are provided by Bullpen to
you as a convenience and the inclusion of the links do not imply any
endorsement by Bullpen of any Linked Site. Bullpen has no control of
the Linked
Sites and you therefore acknowledge and agree that Bullpen is not
responsible
for the contents of any Linked Site, any link contained in a Linked
Site or any
changes or updates to a Linked Site. You further acknowledge and agree
that
Bullpen is not responsible for any form of transmission (e.g.
web-casting)
received from any Linked Site. WARRANTIES
AND
DISCLAIMERS THE
SITE, SERVICES AND
MATERIALS, ARE PROVIDED BY BULLPEN UNDER THESE TERMS OF USE "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT
LIMITING THE FOREGOING, BULLPEN MAKES NO WARRANTY THAT (i) THE SITE,
SERVICES
OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR
MATERIALS
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS
THAT
MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL
BE
EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY
SERVICES
OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR
EXPECTATIONS; AND
(v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE
CORRECTED.
THIS
SITE, SERVICES
AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR
TYPOGRAPHICAL ERRORS. BULLPEN MAY MAKE CHANGES TO THE SITE, MATERIALS
AND
SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR
PRODUCTS
LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE
SITE,
MATERIALS AND SERVICES MAY BE OUT OF DATE, AND BULLPEN MAKES NO
COMMITMENT TO
UPDATE THE SITE, MATERIALS AND SERVICES. YOU
ACKNOWLEDGE AND
AGREE THAT: (i) BULLPEN DOES NOT CONTROL, ENDORSE, OR ACCEPT
RESPONSIBILITY FOR
ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING
THIRD-PARTY
VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) BULLPEN
MAKES
NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD
PARTIES, THEIR
MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD
PARTIES
ARE AT YOUR OWN RISK; AND (iv) BULLPEN SHALL NOT BE LIABLE OR
RESPONSIBLE FOR
ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES. BULLPEN
DOES NOT
CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY
DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY
ACTIONS
RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN
ANY
SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT
AUTHORIZED BULLPEN SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY
REFLECT
THOSE OF BULLPEN. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BULLPEN WILL
HAVE NO
LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY
RIGHTS,
LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BULLPEN ALSO
DISCLAIMS ALL
LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR
UNAVAILABILITY OF
ANY USER MATERIALS. THE
USE OF THE SITE,
SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT
YOUR OWN
DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT
RESULTS
FROM SUCH ACTIVITIES. BULLPEN ASSUMES NO LIABILITY FOR ANY COMPUTER
VIRUS OR
OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM
THE SITE
OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR
INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BULLPEN OR VIA THE SITE,
SERVICES
OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TERMS OF
USE. BULLPEN WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A
RESULT OF
SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR
ANY
SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SOME
STATES OR
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LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY
NOT
APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE
LIMITED TO
NINETY (90) DAYS. INTERNATIONAL
USERS This
Site can be
accessed from countries around the world and may contain references to
Bullpen
products, services and programs that are not available in your country.
These
references do not imply that Bullpen intends to announce such products,
services or programs in your country. The Site is controlled, operated
and
administered by Bullpen Marketing, LLC from its offices within the PERSONAL
INFORMATION
AND PRIVACY Bullpen
will use and
protect your data, such as your name and address, in accordance with
the
Bullpen Privacy Policy (click the link near the top of the page), the
contents
of which are incorporated by reference into the Terms of Use. Please be
aware
that your browser must be enabled to accept cookies in order for you to
use
certain Materials and Services or to purchase from the Bullpen online
store. LIMITATION
OF
LIABILITY IN
NO EVENT SHALL
BULLPEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE
LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT
OR
CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES
WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS,
WHETHER OR NOT FORESEEABLE OR IF BULLPEN HAS BEEN ADVISED OF THE
POSSIBILITY OF
SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING
BREACH OF
CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER
CLAIM
ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE
INABILITY
TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS
OR
ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS;
(3) ANY
DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED
ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY
INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY
FAILURE
TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY
SERVICES
AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED
OR
LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY
TO
ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE
LIMITATIONS AND EXCLUSIONS SET NOTIFICATION
OF
COPYRIGHT INFRINGEMENT Bullpen
will, in
appropriate circumstances, terminate the accounts of users who infringe
the
Intellectual Property Rights of others. Bullpen will investigate
notices of
copyright infringement and take appropriate actions under the Digital
Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2)
("DMCA"). If you believe that your work has been used or copied in a
way that constitutes copyright infringement and such infringement is
occurring
on this Site or on sites linked to from this Site or in connection with
the
Services or Materials, please provide, pursuant to the DMCA, written
notification of claimed copyright infringement to the Designated Agent
for this
Site (identified below), which must contain the following elements:
Bullpen’s
Designated
Agent for Notice of claims of copyright infringement can be reached as
follows:
By
mail: By
telephone: By
e-mail: The
Designated Agent
should be contacted only if you believe that your work has been used or
copied
in a way that constitutes copyright infringement and such infringement
is
occurring on the Site or on sites linked to from the Site or in
connection with
the Services or Materials. All
other inquiries directed to the Designated Agent will
not be responded to. Such inquiries should be made through info@TelevisionExercise.com.
UNSOLICITED
IDEA
SUBMISSION POLICY Unless
a specific,
written, and mutually agreed-upon contract is signed by you &
Bullpen
Marketing LLC, any unsolicited ideas, including ideas for advertising
campaigns, promotions, products, technologies, processes, materials,
marketing
plans or product names, that are sent to Bullpen for consideration via
this
Site shall not be considered or accepted by Bullpen, nor deemed
confidential or
proprietary information (including any original creative artwork,
samples,
demos or other works presented in connection therewith).
Unless a
specific, written, and mutually agreed-upon contract is signed by both
parties SPAM
E-MAIL AND
POSTINGS In
the event of your
or others’ access to or use of the Site, Services or
Materials in connection
with the transmission of spam newsgroup postings or unsolicited e-mail
in
violation of these Terms of Use, you acknowledge and agree that Bullpen
would
be irreparably harmed thereunder and that monetary damages would be an
insufficient and ineffective remedy; therefore you agree that Bullpen
is
entitled to obtain immediate injunctive relief against any such
transmission
(in addition to all other remedies available at law or in equity).
Bullpen may
without restriction block, filter or delete unsolicited e-mail. ADVERTISEMENTS
AND
PROMOTIONS Bullpen
may run
advertisements and promotions from third parties via the Site, Services
or
Materials in any manner or mode and to any extent. Your communications,
activities, relationships and business dealings with any third parties
advertising
or promoting via the Site, Services or Materials, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, shall be
solely
matters between you and such third parties. You acknowledge and agree
that
Bullpen is not responsible or liable for any loss or damage of any kind
incurred as the result of any such dealings or as the result of the
presence of
such non-Bullpen advertisers on the Site or in connection with the
Services or
Materials. INDEMNITY
AND
LIABILITY You
agree to indemnify
and hold Bullpen and TelevisionExercise.com and their officers,
co-branders,
other partners and employees harmless from any claim or demand,
including
reasonable attorneys' fees, made by any third party due to or arising
out of:
(a) your User Materials and any other content (e.g. computer viruses)
that you
may submit, post to or transmit through the Site (including a third
party’s use
of such User Materials or content (e.g. reliance on the accuracy,
completeness
or usefulness of your User Materials)); (b) your access to or use of
the Site,
Services or Materials (including any use by your employees, contractors
or
agents and all uses of your account numbers, user names and passwords,
whether
or not actually or expressly authorized by you, in connection with the
Site or
any Services or Materials); (c) your connection to the Site, Services
or
Materials; (d) your violation of the Terms of Use; (e) the actions of
any
member of your Work Group; (f) your infringement of any third
party’s
Intellectual Property Rights when using any of the Software made
available on
the Site, Services or in any Materials; (g) your violation of any
rights of any
third party; (h) your access to or use of Linked Sites and your
connections
thereto; or (i) any dealings between you and any third parties
advertising or
promoting via the Site, Services or Materials. GOVERNING
LAW AND
JURISDICTION This
Site (excluding
linked sites) is controlled by Bullpen Marketing, LLC from its offices
within
the state of Adjudication
of
Disputes, Forum: Waiver of Right to Jury Trial. In
the event that any
dispute arises between you and Bullpen whether under the terms hereof
or as a
result of any action taken by Bullpen or you as a result or consequence
of your
use of Bullpen’s or TelevisionExercise.com’s
website or any documents or
materials you downloaded, viewed or referred to on the this website, or
by
reason of any communication, request for information or other contact
between
you or a representative of yours and Bullpen or any representative of
the
Bullpen, you and Bullpen expressly agree to waive and hereby waive any
rights
we each may have to a trial by jury of any and all issues arising in
any action
or proceeding between you and Bullpen or our respective successors,
representatives, assigns, or heirs. In addition, any claim,
dispute, or
controversy (“claim”) by you or Bullpen against the
other shall be resolved in
an appropriate court of law located in LANGUAGE
It
is the express wish
of the parties that the Terms of Use and all related documents have
been drawn
up in English. GENERAL The
Terms of Use and
other rules, guidelines, licenses and disclaimers posted via the Site
or in
connection with the Materials and Services constitute the entire
agreement
between Bullpen and you with respect to your access to or use of the
Site,
Materials and Services superseding any prior agreements between you and
Bullpen
on such subject matter (including any prior versions of the Terms of
Use).
Notwithstanding the foregoing, to the extent that any terms set forth
in the
Terms of Use expressly contradict any terms of a written agreement
between you
and Bullpen or TelevisionExercise.com regarding the use of specific
Services
or Materials (including Service-specific terms of use and
Software-specific
licenses) ("Executed Agreement"), such contradictory terms set forth
in the Executed Agreement shall govern. You may also be subject to
additional
terms and conditions that may apply when you use other Bullpen
services, third
party content or third party software. You may not assign or otherwise
transfer
the Terms of Use nor any right granted hereunder without
Bullpen’s prior
written consent. If for any reason a court of competent jurisdiction
finds any
provision of the Terms of Use, or portion thereof, to be unenforceable,
that
provision shall be enforced to the maximum extent permissible so as to
effect
the intent of the parties as reflected by that provision, and the
remainder of
the Terms of Use shall continue in full force and effect. Any failure
by
Bullpen to enforce or exercise any provision of the Terms of Use or
related
right shall not constitute a waiver of that right or provision. The
section
titles used in the Terms of Use are purely for convenience and carry
with them
no legal or contractual effect.
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