Last Revised on October 01, 2022
Thank you for using Bullistic and the products, services, software, and features We make available to You as part of the Service (Collectively, the “Service(s)”, “Bullistic”, or “Platform”). This Terms of Service agreement (”Terms of Service,” “Terms,” “Terms of Service,” or “Agreement”) is intended to be a binding legal agreement between you, the User (“You,” “Your,” or “User(s)”) and Treat Toolbox Inc. (“Bullistic”, “Bullistic.xyz”, “The Skeleton Crew”, “We”, “Us”, “Ours”). By using the Service and/or Bullistic.xyz (“Site”, “Website”, “Service”, or “Platform“), You are agreeing to the following Terms of Service whether or not you have registered on the Service.
1.1 Our Service. The Service may allow You, provided that you pay any and all applicable fees, to upload, create, purchase, sell, and download digital Content, the final output of which is a collection of files that are intended to be compatible with non-fungible token (“NFT”) standards in common use on the Solana blockchain.
While the Service may be used, by You, at your own discretion, to produce or acquire a collection of non-fungible tokens (“NFTs”), you agree that Bullistic has no control over said standards, and makes no guarantees or promises with respect to the code, programs, smart contracts or the functioning of said blockchains, or the persistence, or lack thereof, of the files we provide or related content. You assume full legal and financial responsibility for what you do with the content and tools we provide to you through the Service.
When accessing certain paid functionality of our Service, You are responsible for reading the full details of the functionality before sending payment.
1.3 We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Service or to modify these Terms of Service or any additional terms and conditions, policies, or guidelines governed by these Terms of Service, at any time and without prior notice. If we make changes to the Terms of Service we will provide notice of such changes, such as updating the “Last Updated” date at the beginning of the Terms of Service posted on the Website. By continuing to access or use the Service, you confirm your acceptance of the revised Terms of Service and all of the terms incorporated by reference. We encourage you to review the Terms of Service frequently to ensure that you understand the terms and conditions that apply when you access or use the Service as You will be held to them. If You do not agree to the revised Terms of Service, you may not access or use the Service.
1.5 PLEASE NOTE THAT THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN COLLECTIVE ACTION, WHETHER THAT BE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.
Subject to your compliance with any terms required to access particular functionality or third party offerings (“Service Terms”) and these Terms of Service, and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Website and related services. All rights not expressly granted to you in these Terms of Service or any Service Terms are reserved and retained by Treat Toolbox Inc or its licensors, suppliers, publishers, rightsholders, or other content providers. No portion of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Service without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may use the Service only as permitted by law. The licenses granted by us terminate if you do not comply with these Terms of Service or any Service Terms.
3.1 You agree that you will not violate any law, contract, intellectual property, or third party right, including, and that you are solely responsible for your conduct and content while accessing or using the Service. You agree that you will abide by these Terms of Service. You understand and agree that You are prohibited from, and will NOT:
These Content Standards apply to all Users and use of the Service. Users must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Users must not upload Content that:
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on or through the Service and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray Treat Toolbox, our affiliates, or the Service in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking platform does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.
7.1 Access to the Service. To access the Service, Service resources, links or other content, You may be asked to provide certain registration details or other information. It is a condition of Your use of this Site that all the information You provide will be correct, current, and complete. If We subjectively believe the information You provide is not correct, current, or complete, We have the right to deny access to the Service, and to terminate or suspend Your access at any time.
7.2 Account Registration. In order to participate in certain Services and secure any additional applicable benefits, the Service may require You to create an account with Bullistic (“Account”). You agree to only create one (1) Account. You agree to provide, maintain and update true, accurate, current and complete information about Yourself. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including, but not limited to; using another person’s email address, wallet address, or other account information, or another person’s name, likeness, voice, image or photograph.
7.3 Account Access: You understand and agree that access to your Bullistic Account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Bullistic Account to any person without our prior written permission from Bullistic.
7.4 Applicable use of Site. You may use this Site and the Service only for purposes expressly permitted by this Agreement. As a condition of Your use of the Service, you warrant to Us that you will not use the Service for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
7.5 Account Security: You understand and agree that You are solely responsible for maintaining the security of Your Account and control over any user names, email addresses, wallet addresses, or any other codes that You use to access the Service. Any unauthorized access to Your Account by third parties could result in the loss or theft of data and/or credits held in your Account and any associated accounts. You understand and agree that you will not hold Us responsible for managing and maintaining the security of your Account. You further understand and agree that We are not responsible (and you will not hold Us responsible) for any unauthorized access to or use of Your Account or any compromise of Your wallet’s private key. You are responsible for monitoring your Account. You agree to notify us immediately of any unauthorized use of your email address, wallet address, other account information, or any other breach of security that you become aware of involving or relating to the Service. Bullistic will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your email address, wallet address and/or Account. You can contact Us at firstname.lastname@example.org.
7.6. Non-Hosted Digital Wallet. You are the owner of the imported digital wallet. We assist you in connecting a wallet for your convenience. As such, Bullistic is unable to block any transactions into the wallet.
7.7 Taxes. You agree that you are solely responsible for determining what, if any, taxes apply to your transactions. Neither Bullistic nor any other Bullistic party is responsible for determining the taxes that apply to your transactions. For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility. Please contact a tax professional for more information.
7.8 Communication. You agree and understand that We will communicate with You via electronic means. To ensure that You receive all of Our communications, You agree to keep Your email address current and notify Us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to Your email address on record are considered valid.
7.9 No Unlawful Access. You agree that you will not use the Service in any manner that could in any way disable, overburden, damage, or impair the Service or otherwise interfere with any other party’s use and enjoyment of the Service. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Service.
7.10 Proprietary information. You acknowledge and agree that the Service, including any necessary software used in connection with the Service, contain proprietary and confidential information that is the property of Bullistic and its licensors and is protected by applicable intellectual property and other laws. No rights or title of or to any of the content or Software used in connection with the Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Website or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Service or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, or Software, in whole or in part. You also acknowledge Bullistic’s exclusive rights in the Service’s trademarks and service marks.
8.1 Digital Wallet. Wallets allow you to store, track, transfer, and manage your digital assets. Services and supported assets may vary by jurisdiction. Additional rules associated with third party wallets and outside product(s) and service(s) may apply and may be outside the control of Bullistic. We do not have access to private keys or seed phrases where a third party digital wallet (i.e. Phantom, Glow, Solflare) is used.
You understand and agree that you will not hold Bullistic liable for transferring, safeguarding, or maintaining your private keys, wallet, or any associated digital asset(s). If you lose, mishandle, or have private keys stolen, you acknowledge that you may not be able to recover associated digital assets, and that Bullistic is not responsible for such loss. You agree that Bullistic is merely a facilitator of services to assist you. You acknowledge that Bullistic is not responsible for any loss, damage or liability arising from your failure to comply with these Terms.
9.1 Revocation. When you give Bullistic instructions to make any transaction to the Solana blockchain or any other blockchain, you cannot withdraw your consent.
This Terms of Service is effective indefinitely, unless terminated in accordance with the below. We may terminate this Terms of Service by giving written notice fourteen (14) days prior via email to your registered email address. However, we may also terminate this Terms of Service on less notice or with immediate effect in the following scenarios: We are required to do so by law or a court order; a governmental authority requires us to do so to comply with anti-money laundering or counter-terrorism financing obligations; we have reasonable grounds to believe you are carrying out a prohibited or illegal activity; we are unable to verify you or your business’s identity, or any other information regarding your account; or you are otherwise in breach of a material contractual obligation, or seriously or persistently violating any provisions of these terms in any other way.
You may terminate this Terms of Service by closing and deleting your account. Termination of this Terms of Service shall not affect the rights or liabilities of either party accrued until termination and/or any terms intended (expressly or implicitly) to survive termination. If there are pending payment transactions at the time the termination takes effect, they will be processed pursuant to these terms unless prohibited by law. As of the effective date of the termination, you will be unable to utilize Our Service.
10.1 Credits: We may, at our discretion, provide credits to your Account to use in place of payment. Credits added to your account do not expire and are non-refundable and non-transferable, except as provided by applicable law and herein. Credits do not constitute a personal property right, have no value outside of the Service, and can only be used to purchase access to functionality on the Service. Bullistic reserves the right to change the credit offerings from time to time.
10.2 When you provide payment information, tokens, or purchasing credits, or other Services, you represent that you are the authorized user of the wallet, private keys, or account associated with that payment, and you authorize the Service to process your payment for any credits or Services purchased, or other fees incurred by you. As the account holder and/or User, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including, but not limited to, your family or friends. If your use of the Service is subject to any type of use or sales tax, then Bullistic may also charge you for those taxes.
10.3 ALL CHARGES INCURRED AND ALL PURCHASES OF CREDITS AND SERVICES MADE VIA THE SERVICE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS OF SERVICE OR REQUIRED BY APPLICABLE LAW. BULLISTIC RESERVES THE RIGHT AT ANY TIME TO APPLY DISCOUNTS OR OTHER PROMOTIONAL TERMS ON ANY OF ITS SERVICES, AT ITS SOLE DISCRETION.
10.4 European Union Users. IF YOU ARE A EUROPEAN UNION USER YOU HAVE THE RIGHT TO WITHDRAW FROM A PURCHASE TRANSACTION FOR DIGITAL CONTENT WITHOUT CHARGE AND WITHOUT GIVING ANY REASON UNTIL DELIVERY OF SUCH CONTENT HAS STARTED OR PERFORMANCE OF THE SERVICE HAS COMMENCED. YOU DO NOT HAVE A RIGHT TO WITHDRAW FROM A TRANSACTION OR OBTAIN A REFUND ONCE DELIVERY OF THE CONTENT HAS STARTED OR THE PERFORMANCE OF THE SERVICE HAS COMMENCED, AT WHICH POINT YOUR TRANSACTION IS FINAL. YOU AGREE THAT DELIVERY OF DIGITAL CONTENT, INCLUDING WITHOUT LIMITATION THE ART, AND/OR PERFORMANCE OF THE ASSOCIATED SERVICE, COMMENCES AT THE MOMENT THE DIGITAL CONTENT IS ADDED TO YOUR ACCOUNT OR INVENTORY OR OTHERWISE MADE ACCESSIBLE TO YOU FOR VIEWING OR USE.
10.5 Fees: Transacting payments may be subject to fees, commissions, and other charges (“Fees”). At the time of this document’s creation, Solana and other blockchains require the payment of a transaction fee for every transaction that occurs on their individual networks. The Fees fund the network of computers that run decentralized networks. You agree that these fees are Your sole responsibility.
11.1 You understand and agree that you are responsible for any User Content you submit or contribute, and you, not Bullistic, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to You or any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other User on the Service.
11.2 You agree that Bullistic is acting as a passive conduit for your Content.
12.1 You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Subject to the foregoing, you must not:
12.2 The platform from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
Additional terms and conditions may apply to specific portions, services or features of the Service provided by Bullistic or third parties, either alone or in conjunction with the functionality provided by us. The use of such services or features shall be governed by the terms of service associated with them, and all such additional terms of service are hereby incorporated by this reference into these Terms of Service. We accept no liability or responsibility for any third-party functionality or any open-source functionality that has been modified by third parties.
14.1 YOUR USE OF THE SERVICE, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BULLISTIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. N-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BULLISTIC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BULLISTIC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BULLISTIC OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14.3 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. NEITHER BULLISTIC NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BULLISTIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14.4 IN NO EVENT WILL BULLISTIC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO BULLISTIC FOR USE OF THE SERVICE, OR FIFTY DOLLARS ($50.00 USD) IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BULLISTIC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14.5 WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE, CONTINUOUSLY OR WITHOUT INTERRUPTION, OR THAT THE SERVICE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
14.6 WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, HACKS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, ANY THIRD-PARTY LINKS ACCESSED THROUGH OR IN CONJUNCTION WITH THE SERVICE, OR ON ANY SERVICE LINKED TO IT.
15.1 We neither own nor control outside wallets, data storage companies, outside marketplaces, the Solana network, or other networks, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Service. We are not liable, and You agree not to hold Us liable, for the acts or omissions of any such third parties, nor are we liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
16.1 You agree to pay the costs of defense, indemnify and hold harmless Bullistic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, successors and assigns, from and against any claims, liabilities, damages, judgments, losses, costs, debts and fees (including reasonable attorneys’ fees) arising out of or relating to: your violation of any third-party right; your provision of false or misleading information; your violation of any law or regulation; your violation of these terms; your breach of any representation or warranty; your negligent or willful misconduct; or your use of or access to the Service, including, but not limited to, your User contributions, any use of the Service other than as expressly authorized in these Terms, or your use of information obtained from the Service.
16.2 If you have a dispute with one or more Users, you release Bullistic (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Bullistic respects the intellectual property rights of others and expects our Users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, Bullistic has implemented procedures for reporting instances of copyright infringement.
If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through our Service infringes your copyrighted work, you may submit a notice of copyright infringement, A DMCA notice.
Bullistic will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). We will not actively prevent copyright owners from gathering the necessary information for such notices. For Bullistic to respond, the complaint must provide, in writing, all the following information:
Alternatively, you may send a written notice of copyright infringement to our designated agent, whose contact information is listed below:
Please be aware that, pursuant to 17 U.S.C. § 512(f)you may be liable for any damages—including costs and attorneys’ fees incurred by Us or our Users—if you knowingly materially misrepresent that content or activity is infringing. You may therefore wish to seek the advice of legal counsel before submitting a notice of copyright infringement.
It is Bullistic’s policy, at its discretion, to terminate the accounts of Users who may infringe or repeatedly infringe the copyrights of third parties, as well as cancel any service that may host the alleged infringer’s content.
Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information, to the User who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, Bullistic will notify the User that the content has been removed or disabled.
Without limiting any portion of this Agreement, the Service, and software, may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported or re-exported into (or otherwise shared or sent to any national or resident of) a country subject to U.S. embargo; (b) to any person listed on the Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals (“SDN”) list; or (c) the U.S. Commerce Department’s Table of Denial Orders. If you use the software and/or Service, you represent and warrant that you are not on any of the above-referenced lists or otherwise located in, or subject to the control of, any such country on any of the foregoing lists.
Bullistic operates in New York and this agreement shall be treated as though executed and performed in New York. These Terms of Service, your use of the Service, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Service shall be governed by the laws of the State of New York, as if these Terms of Service are a contract wholly entered into and wholly performed within the State of New York. YOU UNDERSTAND AND AGREE THAT YOUR USE OF BULLISTIC AS CONTEMPLATED BY THESE TERMS OF SERVICE SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF NEW YORK AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
You may not assign, delegate, or transfer these Terms of Service, by operation of law or otherwise, without Bullistic’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. No third-party beneficiaries. Bullistic may assign, delegate, or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
22.1 All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be brought exclusively in New York, in each case located in the County of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(a) ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERMS (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS before a retired judge in New York County, New York under the applicable JAMS arbitration rules and will be administered by the before a single retired judge. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit us from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve ours or our licensors’ rights in and to intellectual property or confidential information.
(b) IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM(S)
23.1 We are pleased to hear from our loyal customers and fans, and We welcome comments regarding our products and services. Unfortunately, however, neither BULLISTIC nor anyone affiliated with BULLISTIC can accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas in any form to BULLISTIC.
The sole purpose of this policy is to avoid potential misunderstandings or disputes when BULLISTIC’s products, Servie, or marketing strategies might seem similar to unsolicited ideas submitted to BULLISTIC. If, despite our policy, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information, you agree that the following terms shall apply to your submissions.
23.2 Terms of idea submission. You agree that: (1) your submissions and their contents will automatically become the property of BULLISTIC, without any compensation to you; (2) BULLISTIC may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for BULLISTIC to review the submission; and (4) there is no obligation to keep any submissions confidential.
24.1 Entire Agreement. These Terms (and any additional terms, rules and conditions of participation that Treat Toolbox may post on the Service) constitute the entire agreement between you and Bullistic with respect to the Service and supersedes any prior agreements, oral or written, between you and Bullistic. In the event of a conflict between these Terms of Service and the additional terms, rules and conditions of participation, the latter will prevail over the Terms of Service to the extent of the conflict.
24.2 Waiver and Severability of Terms. The failure of Bullistic to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
24.3 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24.4 Section Titles. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
24.5 Do Not Rely on BULLISTIC.XYZ’s opinions, advice, statements or other comments and these should not necessarily be relied upon and are not to be construed as professional advice from BULLISTIC or Website Owner. BULLISTIC and Website Owner do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
24.6 Force Majeure: We will not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms of Service, for any failure or delay in performance, when and to the extent such failure or delay is caused by or results from force majeure events (“Force Majeure Event”), including but not limited to: acts of God, flood, fire, epidemics, pandemics, natural disasters, explosion, war, hostilities, civil unrest, government action, industrial disturbances, shortage of adequate Internet connectivity, telecommunication or utilities breakdown, and other similar events beyond our control. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of such, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event(s) are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause. In the event that our failure or delay remains uncured for a period of forty-five (45) consecutive days following written notice given by us under this section, we may thereafter terminate these Terms of Service upon fifteen (15) days’ written notice.
24.7 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.