LEGAL:  PRIVACY POLICY, TERMS OF USE, DISCLAIMER, ETC.

 

LEGAL

 PRIVACY POLICY

Last Updated: December 1, 2007

FitIntoYourJeans.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:

  • Teach kids never to give personal information, including name, address, phone, school, etc. unless supervised by a parent or responsible adult.
  • Know the sites your kids are visiting and which sites are appropriate.
    Look for Web site privacy policies. Know how your child's information is treated.
  • Check out the FTC's site:
    http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/index.html for more tips on protecting children's privacy online
  • Use protective features of the hardware and software on your and your child’s computer.

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 in the Terms Of Use for this website.

Contacting Us

We can be reached by contacting:

Bullpen Marketing LLC

PO Box 2384

Addison, TX 75001-2384

Phone: (972) 763-0040

E-mail:  info@FitIntoYourJeans.com


TERMS OF USE

Terms of Use

 

Last updated on December 1, 2007

 

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 "Terms of Use" link on the home page of www.FitIntoYourJeans.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@FitIntoYourJeans.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:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Bullpen or Www.FitIntoYourJeans.com (FitIntoYourJeans.com) server or to the Site without authorization from Bullpen, whether through hacking, password mining or any other means.
  • Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
  • Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
  • Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
  • Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any Bullpen account holder or to any Www.FitIntoYourJeans.com or affiliated e-mail address.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
  • Send or otherwise transmit any web pages with information and/or content that is intended to be for paying customers only.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
  • Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
  • Access or use the Site in any manner that could damage, disable, overburden or impair any Bullpen server or the network(s) connected to any Bullpen server.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of Bullpen or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any Bullpen domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Bullpen.

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 United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights.

 

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:

  • The Bullpen Materials and User Content may be accessed and used solely for personal, informational, non-commercial and internal purposes.
  • The Bullpen Materials and User Content may not be modified or altered in any way.
  • The Bullpen Materials and User Content on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
  • You may not remove any copyright or other proprietary notices contained in the Bullpen Materials and User Content.
  • You may not copy or distribute any graphics in the Bullpen Materials or User Content apart from their accompanying text.
  • You will not quote or display Bullpen Materials or User Content, or any portions thereof, out of context.
  • Bullpen reserves the right to revoke the authorization to view, download and print the Bullpen Materials and User Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from Bullpen.
  • The rights granted to you constitute a license and not a transfer of title.
  • Bullpen Materials and User Content comprised of Software are subject to the additional provisions governing Software set forth herein.
  • Any Bullpen Materials or User Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
  • Any Bullpen Materials or User Content acquired upon your execution of a required separate agreement shall be provided with the additional rights and obligations set forth in that agreement, and your rights to such Bullpen Materials or User Content shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or the terms and conditions of the Terms of Use.

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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR 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 United States of America. Bullpen makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information.

 

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 FORTH ABOVE MAY NOT APPLY TO YOU.

 

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:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • A description of where the content that you claim is infringing is located on the Bullpen site;
  • Information sufficient to permit Bullpen to contact you, such as your physical address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the 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.

Bullpen’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:

 

By mail:
Matt McDermott/Designated Agent – Copyright Infringement Claims
Bullpen Marketing, LLC
PO Box 2384

Addison, Texas 75001

By telephone:
214-335-5348

 

By e-mail:
info@FitIntoYourJeans.com

 

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@FitIntoYourJeans.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 FitIntoYourJeans.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 Texas, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Dallas County and the United States District Court for the Northern District of Texas with respect to such matters.

 

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 FitIntoYourJeans.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 Dallas County, Texas, as described above.              

 

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 FitIntoYourJeans.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.  


TERMS OF USE

Last updated on December 1, 2007

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 "Terms of Use" link on the home page of www.FitIntoYourJeans.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@FitIntoYourJeans.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:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Bullpen or Www.FitIntoYourJeans.com (FitIntoYourJeans.com) server or to the Site without authorization from Bullpen, whether through hacking, password mining or any other means.
  • Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
  • Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
  • Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
  • Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any Bullpen account holder or to any Www.FitIntoYourJeans.com or affiliated e-mail address.
  • Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
  • Create a false identity for the purpose of misleading others.
  • Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
  • Send or otherwise transmit any web pages with information and/or content that is intended to be for paying customers only.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
  • Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
  • Access or use the Site in any manner that could damage, disable, overburden or impair any Bullpen server or the network(s) connected to any Bullpen server.
  • Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
  • Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
  • Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
  • Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
  • Violate the rights of Bullpen or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
  • Use any Bullpen domain name as a pseudonymous return e-mail address.
  • Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Bullpen.

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 United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights.

 

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:

  • The Bullpen Materials and User Content may be accessed and used solely for personal, informational, non-commercial and internal purposes.
  • The Bullpen Materials and User Content may not be modified or altered in any way.
  • The Bullpen Materials and User Content on the Site may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
  • You may not remove any copyright or other proprietary notices contained in the Bullpen Materials and User Content.
  • You may not copy or distribute any graphics in the Bullpen Materials or User Content apart from their accompanying text.
  • You will not quote or display Bullpen Materials or User Content, or any portions thereof, out of context.
  • Bullpen reserves the right to revoke the authorization to view, download and print the Bullpen Materials and User Content available via this Site at any time, and any such use shall be discontinued immediately upon notice from Bullpen.
  • The rights granted to you constitute a license and not a transfer of title.
  • Bullpen Materials and User Content comprised of Software are subject to the additional provisions governing Software set forth herein.
  • Any Bullpen Materials or User Content made available only upon payment of a fee or execution of a separate agreement may only be viewed, downloaded and printed subject to your payment of such fee or execution of such separate agreement.
  • Any Bullpen Materials or User Content acquired upon your execution of a required separate agreement shall be provided with the additional rights and obligations set forth in that agreement, and your rights to such Bullpen Materials or User Content shall immediately terminate if you fail to meet your obligations under or otherwise comply with such agreement or the terms and conditions of the Terms of Use.

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 JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR 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 United States of America. Bullpen makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information.

 

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 FORTH ABOVE MAY NOT APPLY TO YOU.

 

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:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
  • A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • A description of where the content that you claim is infringing is located on the Bullpen site;
  • Information sufficient to permit Bullpen to contact you, such as your physical address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the 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.

Bullpen’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:

 

By mail:
Matt McDermott/Designated Agent – Copyright Infringement Claims
Bullpen Marketing, LLC
PO Box 2384

Addison, Texas 75001

By telephone:
214-335-5348

By e-mail:
info@FitIntoYourJeans.com

 

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@FitIntoYourJeans.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 FitIntoYourJeans.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 Texas, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Dallas County and the United States District Court for the Northern District of Texas with respect to such matters.

 

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 FitIntoYourJeans.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 Dallas County, Texas, as described above.              

 

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 FitIntoYourJeans.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.

 

AFFILIATES - AFFILIATE AGREEMENT

 

FitIntoYourJeans.com Affiliate Agreement, Anti-Spam Policy And Earnings Disclaimer

To: All FitIntoYourJeans.com Affiliates
From: Bullpen Marketing LLC

Please read (do not skip) this affiliate agreement.  This is because we do not tolerate spam or abuse of the affiliate program in any manner.  If you break the rules, your Clickbank account will be shut down and you agree that you will forfeit your earnings.  Know the rules of this agreement so that you can get your affiliate revenues in a timely manner.

 

FitIntoYourJeans.com AFFILIATE AGREEMENT

This agreement describes the terms and conditions for participation in the FitIntoYourJeans.com e-book Affiliate Program.  In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, FitIntoYourJeans.com, Bullpen Marketing LLC, and its members (or "Vendor") refers to the product owner and publisher, FitIntoYourJeans.com which is owned by Bullpen Marketing LLC (A Texas Limited Liability Corporation).

The Vendor affiliate program (www.FitIntoYourJeans.com) is administered entirely through a 3rd party affiliate management company called Clickbank (www.Clickbank.com).

To enroll in the affiliate program, all affiliates must sign up on the Clickbank website. The Vendor affiliate program is governed by all rules, regulations, terms and conditions dictated by Clickbank’s "client contract."  You can access Clickbank’s client contract at:

http://www.clickbank.com/terms.html

Affiliate Site

An affiliate account can be created by filling out and submitting the Clickbank affiliate sign up form.  Here is a link to that form:

http://bullpen2.jmap.clickbank.net

On that page, each new affiliate will be asked to choose a Clickbank account name (also called a Clickbank affiliate "nickname").  This account name/nickname will consist of 5 – 10 letters and numbers.  This Clickbank nickname will be used in the affiliate link which Clickbank calls a "Hoplink."  When a prospective customer clicks on your affiliate Hoplink the destination website will be http://www.FitIntoYourJeans.com.

Commissions

Unless noted elsewhere, you, as the affiliate, agree to receive 45% of the revenue as a commission from orders placed through a properly-coded Affiliate link, less the credit card processing fees & charges outlined in the Clickbank Accounting Policy page.  You can access the link describing Clickbank’s Accounting Policies here:

https://www.clickbank.com/accounting.html   

Commissions may change at the discretion of the product publisher, Vendor.  You may also receive announcements through the Affiliates newsletter of any commission increases during limited promotions.  The commissions will return to the regular 45% commission rate after the end of any special promotion.

For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the Clickbank secure order system.  You will not receive any commissions on "word of mouth" referrals, as Clickbank and Vendor will have no way to quantify these sales.  Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links.  Properly coded links are the sole responsibility of the affiliate.  Clickbank offers real-time reporting, and you may check your account at any time by going to https://www.clickbank.com/login.htm and then checking your account reports.

Payment

Clickbank will send a check to you for the applicable commissions within the framework of their payment policies: www.Clickbank.com/paychecks.html.  If any order that generated an affiliate commission is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted by Clickbank from the next payment due to the affiliate.  Please read Clickbank’s policy for any check processing fees as well which will deducted from any checks sent to you by Clickbank.

Order Fulfillment

Clickbank will be solely responsible for processing every e-book order placed by a customer on the Affiliate Site.  You and all other Affiliates are not authorized to collect payments or sell any Vendor products from other websites as a "reseller" and no "resale" rights are granted in any manner.  You, as an Affiliate, are not authorized to sell any of these products on eBay or other auction sites.  You are not authorized to give away copies of any of the e-books, reports, newsletters, mini-courses, etc.  Vendor will also be solely responsible for all customer service inquires.  All affiliates understand and acknowledge that no physical products will be shipped. Vendor’s products are only in digital format; and they only are available through download from - or to be sent to the customer electronically by - Vendor.

Customers

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of the Vendor. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time.  Prices and availability of our products and services may vary from time to time. Vendor’s policies will always determine the price paid by the customer for any materials created by Vendor.

Use of Vendor (www.FitIntoYourJeans.com) E-mail addresses

It is prohibited and illegal to use the vendor's (FitIntoYourJeans.com) email addresses in any way. For example, if you enter the vendor's email address (e.g. newsletters@www.FitIntoYourJeans.com) into any online web form (example, to submit classifieds, links or advertisements), or if you send out mail with a reply address that is not yours, but is the vendor's (e.g. newsletters@www.FitIntoYourJeans.com), this is not only a violation of the affiliate agreement which will result in termination of your Clickbank account and forfeiture of commissions, it is also unlawful and can result in litigation against you.

Use of Vendor and Vendor Intellectual Property In Domain Names

FitIntoYourJeans.com and all books, reports, newsletters, logos, e-book covers, banner ads, etc are registered copyrights of Vendor.  It is illegal to register or use these copyrights in a domain name for any reason without the express written permission of Vendor.  It is considered infringement to use this intellectual property in domain names or in advertisements for the purposes of promoting or advertising any products other than the Vendor e-book.

Use of Vendor and Vendor Intellectual Property in Pay-Per-Click (PPC) Advertising And Other Advertising

FitIntoYourJeans.com and books, reports, newsletters, logos, e-book covers, banner ads, etc. are registered copyrights of Vendor.  It is illegal to use any of this intellectual property in any Pay-Per-Click Advertising, including, but not limited to, Google’s AdWords service, for the purpose of promoting any product other than FitIntoYourJeans.com.

Banner Advertisements And Other Graphic Advertisements

Affiliates of Vendor may not design and publish their own banner ads, e-Book covers, pop-up ads, or other graphic advertisements without first getting the approval of Vendor.  Vendor, however, welcomes the submission of creative graphic advertising for approval; and we will even work together with affiliates to jointly develop new, custom graphics, e-book covers, banners or other creative graphic advertising.  Affiliates are responsible for all expenses related to creation of their own custom graphic advertisements. You must get approval from us before creating and publishing new banner ads and other graphic advertisements to be posted on any website, blog, or any other marketing material both online or in print.

Qualifying Sites

Clickbank.com and Vendor reserve the right to refuse any entry into the Affiliate Program based on site content.  Sites that do not qualify for the Affiliate Program include sites which:

·                  Promote sexually explicit materials

·                  Promote violence

·                  Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

·                  Promote illegal activities

·                  Infringe or otherwise violate any copyright, trademark, or other intellectual property rights

·                  Target children under the age of 16

 

CLICKBANK.COM AND VENDOR ANTI-SPAM POLICY 

Clickbank and Vendor strictly prohibit their affiliates from using spam e-mail and other forms of Internet abuse (including "forum spam" and "blog spam") to seek sales. Our anti-spam policy is not limited to the "CAN-SPAM" laws or any other outside agency's definition of spam.  The CAN-SPAM policy can be found on the FTC website:  http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm

Please note "spam" may be defined by Clickbank.com and Vendor as ANY unsolicited e-mail or marketing communications and/or any e-mail or marketing communications that generate complaints deemed excessive or unacceptable to Vendor or Clickbank.com or which could harm the reputation or business of Vendor or Clickbank.com.  By promoting the Vendor affiliate program, you agree and understand that spam may be defined as including, but is not limited to ANY of the following:

·        Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription.

·        Messages posted to Usenet, forums and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.

·        Content posted on free blog websites, especially multiple blog websites that are not updated and are used for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.

·        Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ);

·        Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

·        Any spam-related violations of social networking websites such as MySpace, Yahoo 360, LinkedIn, etc.

Vendor, in conjunction with Clickbank.com, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

Account Termination: Upon the receipt of a credible complaint, and after investigation, Vendor may immediately contact Clickbank.com to investigate the complaint, and if necessary, will then request or approve termination of the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the Clickbank account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Clickbank’s sole discretion, termination may not only result in being banned from the Vendor affiliate program, but also being banned from ANY other Clickbank affiliate programs.

If you wish to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service department (info@FitIntoYourJeans.com).

For more information on what spam is, why it is bad, and what can be done about it, visit:

·        The Responsible Internet Commerce Site
www.spam.abuse.net

·        The Mail Abuse Prevention System, LLC
www.mail-abuse.org

·        The Network Abuse Clearinghouse
www.abuse.net

·        The Coalition Against Unsolicited Commercial Email
www.cauce.org

Relationship of Parties

All Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.  Affiliates have no authority to make or accept any offers or representations on our behalf.  Affiliates will not make any statement, on any website, in print, media broadcasts, radio programs, or anywhere else, that reasonably would contradict this statement.

Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party.  Either Vendor or the affiliate may terminate this Agreement at any time, with or without cause, by giving the other party written notice at least 10 calendar days before termination.  Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and we have a right to remove or cause the removal of an Affiliate's Web Site, all links to the Vendor websites, and all Vendor intellectual property, and all other materials provided in connection with this program.

Limitation of Liability

We disclaim liability for, and you agree to exonerate us from liability for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures, data, or other figures) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.  Further, you agree that Vendor’s aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions payable to the affiliate under to this Agreement for the balance since the last affiliate check you have received.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the Vendor websites or the Affiliate links will be uninterrupted or error-free, and Vendor will not be liable for the consequences of any interruptions or errors.

Indemnity and Liability

You agree to indemnify and hold Bullpen and FitIntoYourJeans.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 Vendor from its offices within the state of Texas, United States of America.  By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.  You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts of Dallas County and the United States District Court for the Northern District of Texas with respect to such matters.

 

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 FitIntoYourJeans.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 Dallas County, Texas, as described above.  

Language

It is the express wish of the parties that all related documents have been drawn up in English.

Assignment

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.  Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Updates And Revisions To This Agreement

As the Internet is an evolving media and technology, new forms of abuse have arisen and are likely to continue to arise in the future.  If and when such new abusive practices occur, Vendor reserves the right to assign existing affiliate policies to the new forms of abuse.  We will then update and revise this affiliate agreement.  In addition, this affiliate agreement may be revised and updated at any time for any other reason at the discretion of the vendor.  Any changes or additions to Clickbank.com’s Affiliate Agreement will also apply as soon as they are effective in the Clickbank.com Affiliate Agreement, whether they are listed on this page or not.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with Clickbank, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

 

VENDOR AFFILIATE PROGRAM EARNINGS DISCLAIMER

If any earnings or income statements, or earnings or income examples are mentioned on this website or in emails or newsletters sent on behalf of Vendor, they are only based on what other affiliates have actually earned.  There is no assurance you will do as well.  If you rely upon any sales figures we provide, you must accept the risk of not doing as well.

If any specific income figures are used and attributed to an individual or business in any documents from us (such as an affiliates newsletter or an affiliate marketing piece) those persons or business have earned that amount.  There is no assurance you will earn the same amount.  If you rely upon any figures we provide, you must accept the risk of not doing as well.

Any and all claims or representations as to the income earnings of affiliates from this website are not to be considered as average earnings. There can be no assurance that any prior successes, or past results, as to the income earnings, can be used as an indication of your future success or results.  You agree to bear sole risk of success or failure with this affiliate program. 

Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or business practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or make any money at all. There is no assurance you will do as well. If you rely upon our figures, you must accept the risk of not doing as well.

Internet businesses and earnings derived from them, have unknown risks involved and are not suitable for everyone.  Making decisions based on any information presented in our products, services, or website, should be done only with the knowledge that you could experience losses, or make no money at all.

All products, information and services by our company are for educational and informational purposes only. Use caution and seek the advice of qualified professionals. Check with your accountant, lawyer or professional advisor, before acting on this or any information.

Users of our products, services, and website are advised to do their own due diligence when it comes to making business decisions and all information, products and services that have been provided should be independently verified by your own qualified professionals. Our information, products, and services on this website should be carefully considered and evaluated, before reaching a business decision, on whether to rely on them.

You agree that Vendor is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.

Sincerely,

Bullpen Marketing LLC and FitIntoYourJeans.com

 






FitIntoYourJeans.com, PO Box 2384, Addison TX 75001  (214) 335-5348

info @ fitintoyourjeans.com


Copyright 2008 FitIntoYourJeans.com.  All Rights Reserved.



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