BulkUploader and its affiliates provide their services to you subject to the following notices, terms, and conditions. Unless otherwise agreed in writing with BulkUploader, your agreement with BulkUploader will always include, at a minimum, the terms and conditions set out in this document. These terms form a legally binding agreement between you and BulkUploader in relation to your use of BulkUploader’s services (the “Services”). It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms.” BulkUploader may, from time to time, modify, amend, or supplement these Terms, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall automatically be effective seven (7) days after BulkUploader has posted the modifications. If you do not agree to be bound by (or cannot comply with) these Terms as modified, you agree that your sole remedy is to cease using the Services by canceling your account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms.
You acknowledge that
(i) content on BulkUploader is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”);
(ii) these Rights are valid and protected in all media and technologies existing now or later developed; and
(iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark and other laws govern your use of such content.
The content and software on this site may be used as a selling and selling management resource. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
BulkUploader, BulkUploader Desktop Manager, BulkUploader Plugins, Widgets and Applications, BulkUploader Logo and associated brand names and domain names are trademarks of BulkUploader.
BulkUploader trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement.
All marks not owned by BulkUploader are the property of their respective owners.
You may not use, and nothing contained on the website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Web Site without the written permission of BulkUploader or the respective owner of such trademark, service mark or logo.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by BulkUploader.
BulkUploader and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if BulkUploader believes that customer conduct violates applicable law or is harmful to the interests of BulkUploader and its affiliates.
Limitation of Liability
IN THE EVENT BulkUploader IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE SERVICES, YOU AGREE THAT BulkUploader’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCURR SUCH DAMAGES.
BulkUploader IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES.
Links to Third Party sites
The BulkUploader and affiliate web sites may contain links to other Web Sites (“Linked Sites”).
The Linked Sites are not under the control of BulkUploader and BulkUploader is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Unlawful or Prohibited Use
As a condition of your use of the BulkUploader and affiliate web sites, you warrant to BulkUploader that you will not use the BulkUploader Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the BulkUploader or affiliate web sites in any manner that could damage, disable, overburden, or impair the BulkUploader or affiliate web sites.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the BulkUploader or affiliate sites.
BulkUploader reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at BulkUploader’s sole discretion.
You agree to defend, indemnify and hold harmless BulkUploader, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(i) your use of and access to the website;
(ii) your violation of any term of these Terms;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms and your use of the BulkUploader Web Site.
Materials Provided to BulkUploader or Posted at any BulkUploader Affiliated Site
BulkUploader and its affiliates do not claim ownership of the materials you provide to BulkUploader (including feedback and suggestions) or post, upload, input or submit to any BulkUploader or its associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your Submission you are granting BulkUploader, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. BulkUploader is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at BulkUploader’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Software Available on the BulkUploader or Affiliated Web Site
Software that is made available to download from the BulkUploader Web Sites, (“Software”) is the copyrighted work of BulkUploader and/or its suppliers.
Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”).
You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, BulkUploader hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular BulkUploader Web Site in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices.
All Software is owned by BulkUploader and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution 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.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Italy. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to HK export restrictions.
Fees and Payment
The Fees Schedule is outlined on the Payment Terms page.
When the applicable rate plan and/or feature(s) are selected, BulkUploader will assess your account based upon your selected plan for all charges associated with the Services.
Your account must have sufficient funds to accommodate the charges assessed on your assigned cycle date according to your rate and feature selections to avoid service interruption.
If you have authorized payment for Services by credit card or by debiting a bank account, no additional notice or consent is required for BulkUploader to invoice the credit card or debit the bank account for all amounts due to BulkUploader for any reason.
You are responsible for paying all charges applicable to your Service.
In addition, you are responsible for paying any taxes, surcharges, fees, and assessments imposed by BulkUploader or a governmental authority from time to time in connection with the Services.
The Services under these Terms are provided by BulkUploader’s offices in Italy.
The Services can be accessed from any country of the world.
The Italian laws, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Services and the Software.
By using the Services and Software, you submit to the exclusive jurisdiction of Italian courts and further agree that any cause of action arising out of or in connection with these Terms and/or your use of the Services and/or Software shall be brought only in the courts in Italy.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by BulkUploader.
The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.
What personal information we collect
BulkUploader collects personally identifiable information when you register on our site.
The information collected may include any of the following: email, name, IP address, browser information, address, billing address or phone number..
Any comments or questions you submit are recorded as well. Also, comments about you as a seller or buyer will be collected and may be viewable by other clients.
Collection of information takes place at various times while navigating BulkUploader’s site and using its software.
When entering BulkUploader’s site, information may be collected about previous sites the person has viewed.
If questions or comments have been submitted via email or a forum on our website, personal information is collected as well.
Storage of information collected
All personal information collected, are stored in a Transparent Data Encryption SQL Server Database.
How we use the information collected
The goal of collecting customer and viewer information is to create a friendlier, smooth, efficient, safe and customized experience while working with BulkUploader.
Personal information submitted at the time of registration may be used by BulkUploader for the marketing and promotion of BulkUploader products that we feel may be of interest to you.
To whom we disclose personal information
We take your privacy seriously.
You have the right to limit the use of your email address by third parties through the opt-out process available to all BulkUploader members.
In addition, all email correspondence sent to you by BulkUploader will offer an unsubscribe option.
If you do not choose to limit the use of your email address, BulkUploader may occasionally share this information with carefully selected partner companies whose products and services we feel may be of interest to you.
Under Italian Law, country residents have the right to request in writing from any business with whom they have a business relationship,
(1) a list of categories of personal information, such as name, address email address and the type of services provided to the customer, that a business has disclosed to a third party, if any (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and
(2) the names and addresses of all such third parties. To request the above information please email us at admin@BulkUploader.info.
We will respond with thirty (30) days after the receipt of your request.
We are only required to provide this information once per calendar year per customer.
If you do not agree with these terms, do not provide any personal information to us.
If you refuse or withdraw consent, or do not provide us with any necessary personal information, we may not be able to provide you with service.
Removal from our Database
To request removal from the database, simply file a support request and we will be happy to remove your information immediately.
Every email sent to you from BulkUploader will also include a link to remove your email address from the mail server.
If you request that we modify or remove all of your personal information, we will promptly do so, to the extent possible.
Once your personal information has been removed you will not be able to use our services unless you re-register.
Cookies are small files on the site that help BulkUploader customize the site to assist in creating a better experience for you.
Most of the cookies are only "session-cookies" and are deleted from your computer when you log off the site.
Your browser may allow you to turn off cookies on sites, but could slow down your visit to our site.
If you turn off the cookies, you may be asked to re-enter your username and password more often.
Cookies are not harmful to your computer.
BulkUploader does have partnerships with many online companies.
If you do not sign up for a company's products directly on their site, and receive an email from them, do not reply to it.
However, if you did sign up for their products directly on their site, you may receive emails from them.
If you use their products, but signed up through BulkUploader's website, any emails sent about product information or promotions will be filtered through BulkUploader's systems and sent out as an BulkUploader email.
Links to these sites are provided on BulkUploader's site and at certain points in the sign up and listing phase of an auction.
Changing of personal information
You may edit your personal information at any time by clicking on the "My Account" tab when you are signed in to BulkUploader.
All information may be changed including: address, credit card information, billing address, email and more.
The new information will be updated in our system and used in the collection of information when visiting BulkUploader.
Merger or Acquisition
In the event that BulkUploader merges or is acquired by another company, all current information BulkUploader has will be shared with the other company.
BulkUploader will do its best to inform you of the transaction.
Questions, comments, concerns
All questions, comments and concerns can be submitted via email at admin@BulkUploader.info
You will receive an answer as soon as possible.