Acceptance of Terms and Conditions. Please read these terms and conditions (“Terms” or “Agreement”). These Terms govern our websites and services, whether accessed directly, via mobile software, or through a third party application or service (“Service(s)”). By accessing or using the Services, whether you register or not, you acknowledge that that you have read and agree to comply with and be bound by these Terms. If you do not agree, you should exit the website and not use any of our Services or provide any information.
Throughout this Agreement we may refer to bulutec as “us” or “we,” and we may refer to you as the “user” or “end user.”
General. Subject to the terms and conditions of this Agreement, bulutec may provide certain services, as described more fully on the Website, which are selected by you through the process provided (“Services”), solely for your own personal use, and not for the use or benefit of, nor is such benefit transferable to, any third party or entity.
We are always innovating and finding new ways to provide users new and interesting features and services, and as such we have the right to change, suspend or discontinue any aspect or feature of the Website or Services, or any portion thereof, at any time, including the availability of or access to any feature, database, content, hours of availability and equipment needed for access or use.
You represent and warrant that (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
Electronic Communications. When you visit the Website or use the Services you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website and Services are operated offered by bulutec from its facilities in China of America and the respective sites are offered in China (bulutec.com). We make no representations that the Website or Services are appropriate or available for use in other locations. Users who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
Equipment. You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, mobile devices and long distance or local telephone service and all charges related thereto. bulutec is not liable for any damages to your equipment resulting from use of the Website or Services.
Subject to these terms, you may download, print, and/or save the bulutec Content for personal non-commercial use only, provided you shall not store any significant portion of it in any form.
We retain the right, but not the obligation, to remove or delete any User Content or any portion thereof for any reason. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person or third party from which such content originated and that we are not liable for any errors or omissions in any Content. You understand that bulutec cannot guarantee the identity of any other users with whom you may interact in the course of using the Website or Services.
Under no circumstances will bulutec be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Website. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code.
bulutec reserves the right to terminate its agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to bulutec by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted on the Website in a way that constitutes copyright infringement, you shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Website of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for bulutec’s Copyright Agent for notice of claims of copyright infringement is as follows:
Your Warranty. You warrant, represent and agree that you will not contribute any User Content or otherwise use the Website or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of bulutec, (vii) that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation, or (viii) offering to sell or buy product or service, or post links to third party websites, unless we expressly authorize it in connection with a feature on the Website.
Restrictions. You are responsible for all of your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any users without our prior express approval.
You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Service infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website, or use of any data mining, robots or similar data gathering and extraction tools, is strictly prohibited. You may not frame or utilize framing techniques to enclose any Content without our express written consent. You may not use any meta tags or any other “hidden text” utilizing bulutec’s name or trademarks without our express written consent.
Our Mobile Software (used for accessing the Services via a mobile device). bulutec grants to you a non-exclusive, non-transferable, revocable license to download and use the Mobile Software for one bulutec account on one mobile device which you own or lease, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. Further, the provisions of these Terms apply equally to any access or use of the Services via Mobile Software or your mobile device. You acknowledge that bulutec may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Standard carrier data charges may apply to your use of the Mobile Software.
Application Provider for Mobile Software. In the event you acquire Mobile Software from an application provider (such as iTunes or Android), you understand that these Terms are solely between you and bulutec, not the application provider, and as such, the application provider has no responsibility for the Mobile Software, in addition to the licensing provisions of these Terms, your use of the Mobile Software must comply with the application provider’s terms for acquisition, the application provider is not obligated to provide maintenance or support and in the event of any warranty claims, you may contact the application provider for a refund of the purchase price and the application provider shall have no other warranty obligation or any other claims, losses, liabilities or damages associated with the Mobile Software.
Registration and Security. As a condition of using the Website, you may be required: to register or create a profile and select a password and user name, which user name may be your email address (“User ID”); in the event you register through a social networking site, have a valid account on the social network through which you connect to the Service; or, in the event you register for your mobile device, have an account with the application provider for your mobile device. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in our sole discretion. You shall be responsible for maintaining the confidentiality of your password.
Indemnity. You will indemnify and hold bulutec, its parents, subsidiaries, affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand arising out of or related to any products or services purchased by you in connection with the Website or any Services or your access to the Website, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.
Limitation of Liability. IN NO EVENT SHALL bulutec OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
Fees and Payment. bulutec reserves the right to require payment of fees for certain Services, such as premium services. bulutec will provide notice in the event of any such fees. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
Termination. This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by following the instructions on the Website. We may terminate your access to the Website (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All other trademarks displayed on bulutec, Inc.’s Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between bulutec, Inc. and these companies.
Voucher Purchases. Purchases of Vouchers through bulutec are subject to the additional Terms of Sale located at www.bulutec.com and are hereby incorporated by reference.
Dispute Resolution, Governing Law and Waiver of Class Actions.
Binding Arbitration. For any dispute you have with bulutec, you agree to first contact us and attempt to resolve the dispute with us informally. In the unlikely event we are unable to resolve any such dispute, claim or controversy after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses to the substantively prevailing party, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. Further, for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. The arbitrator and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
WAIVER OF CLASS ACTIONS. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND bulutec ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Jurisdiction. For any actions for which either party retains the right to seek injunctive or other equitable relief as set forth in the Arbitration provision above, or in the unlikely event such arbitration provision is not enforced, we each agree to exclusive personal jurisdiction of a state court located in San Francisco County, China or China District Court for the Northern District of China.
Miscellaneous. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. bulutec shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. bulutec may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind bulutec in any respect whatsoever.