Please read these Terms and Conditions (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your (“you”) use of the BULLZ (“BULLZ”, “we”, “us” or “our”; herein including affiliates of BULLZ in providing the Services) website BULLZ.COM (“Site”), and our mobile applications (“Apps”), and our content accessible via our Site and App. To make these Terms easier to read, the Site and our services and Apps are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND BULLZ THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Please refer to our Privacy Policy for information on how we collect, use and share your information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to the “Dispute Resolution” section, for which you have followed the process in Section 18(f). Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. We may add, remove, suspend or alter access to any content available through or on the Services from our Services at any time and make no guarantee as to the availability or minimum amount of specific content.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@bullz.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Subject to our rights under Section 6, you acknowledge that all User Generated Content and any content related thereto are the property of the respective user that makes the User Generated Content available through the Services or, if made explicit on the Services, us. You acknowledge and agree that BULLZ is not responsible or liable for your User Generated Content, including, without limitation, any user’s Communications, including yours.
- These Terms are concluded between you and BULLZ, and not with the App Provider, and BULLZ (not the App Provider), is solely responsible for the Apps. The App Provider has no obligation to furnish any maintenance and support services with respect to the Apps.
- In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Apps to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Apps. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BULLZ.
- The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Apps or your possession and use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apps or your possession and use of that Apps infringes that third party’s intellectual property rights, BULLZ will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the Apps, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Apps against you as a third-party beneficiary thereof.
- You must also comply with all applicable third party terms and conditions when using the Apps.
- Post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person, animal or entity; or (vii) promotes illegal or harmful activities or substances; or (viii) promoted any conspiracy theory, known false information, or positions outside of community accepted norms unless backed by scientific and verified evidence or proof; or (ix) promotes weapons, including but not limited to handguns, rifles, assault weapon, knives, swords or other potentially lethal weapons (excluding decorative items, props or non-lethal versions).
- Use, display, mirror or frame the Services or any individual element within the Services, BULLZ’s name, any BULLZ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BULLZ’s express written consent
- Access, tamper with, or use non-public areas of the Services;
- Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BULLZ or other generally available third-party web browsers
- Send any unsolicited or unauthorized email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a BULLZ trademark, logo URL or product name without BULLZ’s express written consent;
- Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity, claim a false affiliation, or misrepresent the source or identity of content used through the Services
- Influence, inflate, or otherwise manipulate any content in the Services or partner Services (e.g. WOM), or collude or otherwise work together with other parties to do the same;
- Transfer WOM Tokens from your WOM Token account to any address not created personally by you or allow others to transfer WOM Tokens from their WOM Token account to any address created personally by you;
- You agree not to provide any information that is intended to misinform, misdirect, mislead, or otherwise deceive any users of the Services or any other third party
- Violate any applicable law or regulation; or
- Induce others to do any of the above.
However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
BULLZ respects copyright law and expects its users to do the same. It is BULLZ’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see BULLZ’s Copyright & Intellectual Property Policy for further information.
The Services (including the Site and App) may allow you to access third-party websites or other resources. BULLZ may provide links through User Generated Content to third-party websites or other resources. To the extent provided by us, we provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites.
These rewards are based upon calculations and metrics as outlined in the WOM Protocol White Paper. BULLZ has the sole right to set the distribution algorithms at it’s sole discretion. Any changes from the WOM Protocol White Paper will be published in the BULLZ Payment Algorithm paper, if required. BULLZ Will notify you of changes to this Algorithm. Please note that, as of publishing these Terms and Conditions, BULLZ is using the standard WOM Protocol algorithm as published by WOM Protocol within their White Paper. Please also note that WOM is a crypto-currency facilitated by WOM Protocol and as such, any financial value associated with this crypto currency is subject to market forces and BULLZ does not warrant or guarantee that this crypto currency will have any financial value.
Where BULLZ provisions an affiliate link attached to your User Generated Content, BULLZ commits that should a commission generating purchase be completed that can be absolutely attributed to the link associated with your content, BULLZ will apportion 50% of these commissions to you. BULLZ may, at our sole discretion and with notice, adjust this commission level. Any commissions will be displayed within the Apps for your information. Upon provision of bank details that are accessible from within the German banking system, these funds will be transferred to you from time to time. Typically, this will be when the balance is in excess of €1000, however transfer may be requested at a lower balance. Any and all fees associated with this transfer will be borne by you. The commission statement as shown within the Apps is complete. Once all commission transactions have passed any periods allowed for refund and reversal, the commission is considered final and final transactions will be noted within the Apps as such. You may ask for an audit of your commissions statement via support@bullz.com. Any audit results are considered complete and final and no further action is possible for the time period covered by the audit.
We may terminate or suspend, in whole or in part, your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by going into your account settings on the App. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6(a), 6(b), 6(c), 6(d), 7, 8, 9, 14, 15, 16, 17, 18, 19 and 20. Upon any termination, discontinuation or cancellation of the Services or your account, any residual WOM or Commissions balances will be forfeit to BULLZ. You hereby consent in advance in any such instance to the transfer of all remaining WOM balances or other unpaid accruals attributed or owed to you at any prior time, to BULLZ, whether by action of BULLZ directly, or through such affirmative action of your own which may be reasonably requested by BULLZ. You additionally covenant to do any other thing reasonably necessary to effectuate such transfer, including signing any reasonable form of assignment, release, affidavit, or the like, attesting to an/or effectuating the transfer of ownership of such tokens to BULLZ.
As part of the Services, BULLZ makes functional use of certain third-party cryptographic tokens including, but not limited to those entitled “WOM” tokens (collectively, “WOM Tokens” or the “Tokens”). THE WOM TOKENS AND THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. In particular, the WOM tokens and the Services depend upon, without limitation, the Ethereum network and other third-party internet services, which we do not control. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. WE ARE NOT RESPONSIBLE OR LIABLE FOR USER GENERATED CONTENT, INCLUDING, WITHOUT LIMITATION, COMMUNICATIONS, AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND IN REGARD TO USER GENERATED CONTENT.
BULLZ ASSUMES NO RESPONSIBILITY FOR ANY USER’S OR THIRD PARTY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY USER OR OTHER THIRD PARTY; WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. BULLZ ASSUMES NO RESPONSIBILITY FOR ANY USER’S OR THIRD PARTY’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY USER OR OTHER THIRD PARTY; WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION
- For the purposes of this Section 17, “BULLZ”, “we”, or “us” shall include BULLZ, its parents, subsidiaries, affiliates, investors, agents, and successors and assigns.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BULLZ NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BULLZ OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE THAT BULLZ SHALL NOT BE RESPONSIBLE OR LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY THIRD PARTY’S CONTENT, WHETHER OR NOT SUCH CONTENT IS ACCESSED THROUGH THE SERVICES (INCLUDING ANY USER CONTENT), AND THAT ANY RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL BULLZ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED TWENTY DOLLARS ($20).
- THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BULLZ AND YOU. By using the Services, or holding or transacting in any Tokens, you accept and acknowledge that you understand the foregoing warranty disclaimer and limited liability terms.
These Terms and any action related thereto will be governed by the laws of Germany, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and BULLZ are not required to arbitrate will be the courts located in Berlin, Germany, and you and BULLZ each waive any objection to jurisdiction and venue in such courts.
If you have any questions about these Terms or the Services, please contact BULLZ at:
Email: support@bullz.com