Bullseye Glass Co. and BULLSEYE VIDEOS
Terms and Conditions of Use
THIS IS A CONTRACT.
Please carefully read the following terms before accessing Bullseye Videos. By accessing this site and any of its video content YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. If you do not agree to these terms, you may not access the site.
By using this site, you affirm that you have READ, UNDERSTOOD, AND AGREED TO THESE TERMS. You also agree to REVIEW THIS CONTRACT PERIODICALLY, being aware that modifications to this agreement may be made by Bullseye Glass Co. at any time. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFICATIONS TO THIS AGREEMENT.
1. Contact Information.
Bullseye Glass Co.
3722 SE 21st Avenue
Portland, Oregon 97202
Telephone: 1-503-232-8887 or Toll Free 1-888-220-3002
2. Methods of Digital Purchase
Bullseye currently allows customers to access paid content in the ways listed below. Bullseye may revise the available access methods at any time at its sole discretion.
* Permanent Purchase
This one-time purchase method applies to individual titles such as those in the ‘Master Class’ series and allows the purchaser repeated viewing of digital copies over an indefinite period of time.
This purchase method allows the purchaser repeated viewing of digital copies over a finite period of time established the date of purchase. Access beyond this time period will require a renewed subscription agreement and associated payment. By default, Subscription accounts will auto-renew using the customer’s preferred payment method. Customers may at any time (at My Account >Subscription) choose not to continue paid membership when their current subscription period ends.
* Promotional Trials
Bullseye may offer eligible customers various promotional (‘trial’) memberships, which are subject to this Agreement except as otherwise stated in the promotional offers. We reserve the right, in our sole discretion, to determine your eligibility. Trial members may at any time (at My Account >Subscription) choose not to continue onto paid membership when trial period ends.
3. Availability of Permanent Purchase Digital Content
Permanent Purchase digital content will generally continue to be available to the purchaser for streaming from Bullseye Videos, as applicable, but may become unavailable due to potential content provider licensing restrictions or for other reasons. Bullseye Glass Co. and Bullseye Videos will not be liable if Purchased Digital Content becomes unavailable for further streaming.
If Bullseye Glass Co. and Bullseye Videos discontinues access to a Permanent Purchase item in less than five (5) years from time of original purchase a refund (pro-rata at Bullseye’s discretion) will be offered to the original purchaser.
- “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modifications
- “Continuing Education” means instruction or learning outside of traditional academic settings, non-degree career training, workforce training, formal personal enrichment courses (both on-campus, in a commercial setting, and online) self-directed learning (such as through Internet interest groups, clubs or personal research activities) and experiential learning as applied to problem solving
- “Educator” means a teacher at an accredited K-12 school, college or university, or an instructor for Continuing Education. An Educator is also a Subscriber
- “Exercise Files” refers to the exercise files .pdf articles, web pages and quizzes prepared by the authors for use with the training videos and other media
- “Bullseye,” “Bullseye Glass,” and “Bullseye Glass Co.” refer to Bullseye Glass Company, Inc., an Oregon corporation. “Bullseye Videos” means the audio-visual works that are available through Subscription and/or Permanent Purchase on the Bullseye Videos site
- “Content” means the training videos and other media available on Bullseye Videos, including the Exercise Files
- “Student” means a pupil at an accredited K-12 school, college or university, or a pupil engaged in Continuing Education. A Student is also a Subscriber
- “Subscriber” refers to any person or entity that purchases or uses a subscription to Bullseye Videos
- “User” refers to any party who Accesses the Site. If You are Accessing the Site as an employee or agent of another, “User” refers to You and Your principal
- “Website” or “Site” refers to the website maintained on the World Wide Web by Bullseye Glass Co., available at https://videos.bullseyeglass.com
- “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal
5. Limited License.
Bullseye Glass hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in Bullseye Videos according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. The content the Subscriber may access is dependent on the terms of their specific purchased subscription plan.
6. Fees; Renewal; Refund Policies.
- Subscriptions are an annual plan
- Automatically renews yearly until cancelled by Subscriber
– Automatically renews on the same date of each corresponding year or on final date of month if no corresponding date (e.g., February 29th)
– Fees charged on renewal date
- Subscription fees are non-refundable; except that Subscriber may cancel renewed subscription in writing up to three (3) calendar days after renewal date and receive a full refund of the new subscription fees
- Discounts, rebates or other special offers are only valid for initial term; subscriptions renew at the then-current full subscription rates
- Bullseye Glass may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that Bullseye Glass provides notice at least thirty (30) calendar days prior to the expiration of the subscription
- Bullseye Glass may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information
- Right of Access to Bullseye Videos granted under these Terms is effective only upon payment of the subscription fees
7. Access to Bullseye Videos; Modification of Content.
Bullseye Glass strives to provide Bullseye Videos to its Subscribers on a continuous basis. To that end, Bullseye Glass will take all commercially reasonable efforts to provide uninterrupted Access to Bullseye Videos to its Subscribers. However, from time to time, Subscribers may be unable to Access Bullseye Videos due to conditions beyond Bullseye Glass’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of Bullseye Videos to its Subscribers, Bullseye Glass will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
Bullseye Glass endeavors to provide the highest quality content to its Subscribers. To that end, Bullseye Glass reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
8. Prohibited Conduct.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Bullseye Glass’s computers, servers or databases
- Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms
- Permit or provide others Access to Bullseye Videos using Your user name and password or otherwise, or the name and password of another authorized User
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site
- Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content
- Violate or attempt to violate Bullseye Glass’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way
- Engage in any other conduct which violates the Copyright Act or other laws of the United States
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or Bullseye Glass
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any email so that the email appears to be generated by Bullseye Glass
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability
- Advertise or otherwise solicit funds, goods or services on the Site
- Provide any commercial hosting service with Access to the Site and/or the content on the Site
To ensure that Users of the Site do not engage in Prohibited Conduct, Bullseye Glass reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to Bullseye Videos to any person or entity whose use of Bullseye Videos suggests Prohibited Conduct. Access of the materials available at Bullseye Videos beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of Bullseye Videos and will result in revocation or denial of Access to Bullseye Videos. The terms “normal patterns” and “abuse” shall be determined solely by Bullseye Glass.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
9. Limited Warranties.
Bullseye Glass warrants that the software that allows Users to Access Bullseye Videos (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. BULLSEYE GLASS PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
10. Disclaimers and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 11), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. BULLSEYE GLASS DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. BULLSEYE GLASS DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL BULLSEYE GLASS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT BULLSEYE GLASS RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS Bullseye Videos, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL BULLSEYE GLASS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT BULLSEYE GLASS RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS Bullseye Videos, EVEN IF BULLSEYE GLASS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF BULLSEYE GLASS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. BULLSEYE GLASS IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF BULLSEYE GLASS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. BULLSEYE GLASS DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT BULLSEYE GLASS RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
11. Third Party Content; Hyperlinks.
You acknowledge that Bullseye Glass does not pre-screen third party materials. Bullseye Glass is not the publisher or author of any information on the Site that is provided by third party content providers, and Bullseye Glass is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Bullseye Glass’s use of the content constitutes neither an endorsement nor a recommendation by Bullseye Glass of the content. Bullseye Glass assumes no responsibility for third party products or services.
Bullseye Glass may contain links and references to other third party websites and materials. Bullseye Glass does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. Bullseye Glass does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Bullseye Glass may disable any hyperlink to the Site. Bullseye Glass has the right but not obligation to monitor third party websites and hyperlinks to the Site.
BULLSEYE GLASS MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, BULLSEYE GLASS DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
12. Copyrights, Trademarks and Other Proprietary Rights.
Bullseye Glass or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Bullseye Glass. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in Bullseye Videos may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Bullseye Glass, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Bullseye Glass’s intellectual property except as set forth in Section 5. If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Bullseye Glass, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
User agrees to defend, indemnify and otherwise hold harmless Bullseye Glass and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
14. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. Bullseye Glass has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Bullseye Glass may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access Bullseye Videos. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify Bullseye Glass immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify Bullseye Glass immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. Bullseye Glass will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by Bullseye Glass, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
Bullseye Glass will never ask You for Your password. If You need a new user name and/or password, Bullseye Glass will generate a new username and password automatically through its computers and send it to Your email or postal address.
15. Termination of Agreement.
In addition to Bullseye Glass’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Bullseye Glass may also terminate Access to Bullseye Videos or cancel subscriptions to Bullseye Videos without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that Bullseye Glass deems inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in all other Sections of this document shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.
These Terms constitute the entire agreement between Bullseye Glass and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between Bullseye Glass and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, Bullseye Glass may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Bullseye Glass’s remedies are cumulative and not exclusive. Failure of Bullseye Glass to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. Bullseye Glass makes no representation that the content of the Site is appropriate or available for use in all locations. Bullseye Glass operates this Site from the United States and makes no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. Bullseye Glass cannot provide notifications via post, only email.
18. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Oregon law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and Bullseye Glass shall be finally resolved through binding arbitration in Portland, Oregon. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Oregon Superior Court, County of Multnomah or the United States District Court for the Central District of Oregon. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Oregon Superior Court, County of Multnomah or the United States District Court for the Central District of Oregon for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
EFFECTIVE DATE: May 11, 2011
Please contact our customer service associates at email@example.com.