TheBulletin.io Terms of Service

These terms and conditions (“Terms”) are between Ramani Data Science, LLC, DBA TheBulletin.io (“TheBulletin.io,” “us,” or “we”) and the person or entity (“you” or “Customer”) using TheBulletin.io’s applications, websites, software, and services (the “Platform”). By using the Platform, you agree to be bound by these Terms. If you do not agree to the Terms, do not use the Platform. These Terms are subject to change at any time; we therefore encourage you to periodically review the Terms to ensure that you are aware of any changes. By continuing to use the Platform after the Terms are updated, you agree to be bound by the most current version of the Terms.

1. ELIGIBILITY

1.1 Eligibility

You must be at least 18 years old to use the Platform and assume the obligations set forth in these Terms.

1.2 Registration as a Condition to Use Only registered users (each, a “User”) may use the Platform. By using the Platform, you warrant that you are a User. As a User, you shall not allow third parties to access the Platform using your account, and you are personally responsible for any use of the Platform through your account, whether by you or a third party.

1.3 Acting on Behalf of Third Parties

If you are using the Platform on behalf of a corporation or entity that you represent, you warrant that such person has agreed to be bound by these Terms. You agree that if you fail to properly obtain such a person's consent to be bound by these Terms, you will bear all responsibilities and liabilities of such person. You agree to represent the Screens within the TheBulletin.io platform as TheBulletin.io’s and not your own (or any other completely white-labeled approach).

2. THE PLATFORM

2.1 Description

The Platform is a digital bulletin board and local advertising platform through which you authorize us to use automated tools to format and display multimedia content, including text, data, photographs, graphics, or other information (“Content”) on digital bulletin billboards (“Screens”). We may make certain tools available to assist you in using the Platform. We and/or our affiliates may participate in or make use of the Platform. There are two primary functions to our Platform one for use as a Digital Bulletin Board, another for use as an Advertising Network.

2.2 Digital Bulletin Board

The Platform allows you to be a Screen Owner - set up any TV or digital screen as a digital bulletin board for displaying a mix of your Content and External Content (Content not created by you).

2.3 Advertising Network

The Platform allows you to be an Advertiser - request to display Content on the network of Screens or digital bulletin boards.

2.4 Alternative Channels

You agree that TheBulletin.io may display your Content in alternative channels, such as websites or applications allowing people to see when and where your Content was displayed.

3. INTELLECTUAL PROPERTY

3.1 License

We hereby grant you a worldwide, non-exclusive, revocable, limited, personal, non-sublicensable and non-transferable license to use the Platform in accordance with these Terms; provided, however, that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in such Platform.

3.2 Publicity

You (a) authorize us to identify you by name and/or logo as a customer of the Platform in any format and for marketing purposes or any other purpose that we deem useful, and

(b) grant us a limited license to use and display your trademarks and logos for such purposes. You may opt out of this section by submitting a written request to us using the contact information provided in Section 6.9 of these Terms.

3.3 Customer Data

You authorize us to retrieve and analyze any and all information about your use of the Platform. In so doing, you are deemed to grant TheBulletin.io a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to index, catalog, transcribe, and/or perform other meta-analysis of your Content, and to use or make publicly or privately available such information as we deem appropriate without any payment or restriction. You also agree that TheBulletin.io has the right to monitor and review your use of the Platform from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with TheBulletin.io’s Cookie Policy.

4. USE OF PLATFORM

4.1 Personal Account

As a User, you will be required to create an account, which will be associated with a username and a password. Your TheBulletin.io account is for your exclusive personal use. You may not authorize others to use your account, nor may you assign or transfer your account to any other person or entity.

(a) Your account is associated with a username and a password, and you are responsible for

protecting both. If you believe the security of your username, your password, and/or your

account has been compromised, you must contact us immediately using the contact

information provided in Section 6.9 of these Terms.

(b) When creating an account, you may be asked to provide information such as contact

information and billing information. You warrant that all such information you provide is

complete, accurate, and current and that we may rely on such information.

4.2 Content

You retain all rights, title and interest in and to your Content. By submitting Content for display on the Platform, you agree to the following:

(a) You are solely responsible for and assume all liability for your Content and bear all risks

and liability associated with using the Platform to display the Content.

(b) You warrant that the Content does not contain misleading, false, illegal, or inappropriate

information.

(c) You warrant that you own or otherwise control all rights (including but not limited to

copyright and trademark rights) necessary to use the Content and that our display and use of

such Content will not infringe or violate the rights of any third party.

4.3 USE AS A DIGITAL BULLETIN BOARD

(a) The Platform allows you to be a Screen Owner - set up any TV or digital screen as a digital bulletin board. You may use your own signage display and HDMI player, or we may provide TVs, HDMIs players or other equipment based on the specifics of our proposal.

(b) In situations where TheBulletin.io provides a HDMI device, TV, TV mount, routers, repeaters or any kind of equipment, the equipment may be utilized solely to run TheBulletin.io Screens.

(c) TheBulletin.io reserves the right to request the return of, or remove, at any time, equipment that it provided at no cost to the venue.

(d) Based on the configuration of your Screen, your Screen may display External Content, in addition to your own Content.

(e) You may be able to approve or reject External Content requests to your Screen. Content that’s neither approved nor rejected on a timely basis (typically a few business days), may be approved or rejected at the discretion of the Platform.

(f) Platform has multiple processes in place to ensure that the External Content is engaging, relevant and of the highest quality - we take great pride in the quality of our External Content. However, any Content deemed objectionable to User can be rejected through the User’s account on our Platform, or may reach out to our support team to do the same. Platform’s liability for External Content is limited to the removal of the same from the User’s Screens. Platform is unable to make representations on what specific Content a User may find objectionable or may want to have removed.

4.4 USE AS AN ADVERTISING NETWORK

(a) The Platform allows you to be an Advertiser - request to display Content on our network of Screens or digital bulletin boards at various locations including residential and commercial buildings, hotels, restaurants and other locations. Services may be purchased on a pay-as-you go self-serve basis based on prices published through our website, or through tailored proposals provided by our staff.

(b)  Ads would display on every slideshow rotation, with an expected display for 10 seconds (or a custom duration, if agreed upon) every 90 seconds to 3 minutes on most screens.

(c) Screen Owners have the ability to accept or reject any Content request.

(d) Ads deployed on a self-serve are scheduled and managed by the User through the Platform

• The User can add funds through our Platform that can be used to advertise Content on our network of Screens.
• Advertising charges accrue only for ads that are accepted by Screen owners and are displayed on the screens. The User is responsible for payment of these charges.
• In the cases where funds were successfully added to our Platform, but were then subsequently reversed for any reason at all including fraud, disputes, bounced checks, etc., the User still fully remains responsible for the advertising charges accrued while displaying Content on our Screens.

(e) Ads deployed after a custom proposal, may be managed by the User or by our staff, based on the specifics of what was agreed upon in the proposal.

• If specific Screens included in the proposal are unable to display Content for any reason, the Platform at our discretion will either lengthen the duration of the campaign, or choose similar Screens to make good upon the overall delivery agreed upon.

4.5 Payment and Collections

In addition to our fees, you are responsible for all taxes and other government charges associated with the use of our Platform. Late payments will accrue interest at the lesser of one and one half percent (1½%) per month or the maximum rate permitted by law. You agree to pay reasonable fees, including attorney fees, that we incur collecting late payments. Payment of fees due hereunder shall not be subject to set off, counterclaim, adjustment, reduction or otherwise by virtue of any actual or potential claim against TheBulletin.io.

4.6 External Destinations

You are solely responsible for all external destinations to which your Content may direct viewers (each, a “Destination”), including but not limited to physical locations, websites, and phone numbers. You are solely responsible for any products or services offered at such Destinations. By posting Content that directs viewers to a Destination, TheBulletin.io does not endorse or become affiliated with such Destination.

4.7 Other Policies and Guidelines

Your use of the Platform is subject to the Design Guidelines and any other policies and guidelines that we may put in place. We reserve the right to augment or modify such policies and guidelines at any time.

4.8 Removal of Content

We may remove Content at any time if we, in our sole discretion, determine that such content violates our guidelines, is illegal or is otherwise offensive to the moral standards of the community. We believe that our medium is an outlet for free speech; however we balance that role with a strong commitment to adhere to community standards and to ensure that the messages placed on our inventory are not offensive towards any business, group or individual. We carefully evaluate all requests for advertising placement on a case-by-case basis and make the best decision for our clients, our company and the communities in which we operate.

4.9. DISPLAYED CONTENT; OUTAGES AND INTERRUPTIONS

We do not guarantee that your Content will be presented on any Screens.

a) Outages

Screens are subject to various outages which may restrict our ability to display, edit, or remove Content.You acknowledge that during an outage, the ability to edit, delete, or otherwise change any Content that is already in a Screen’s schedule may be delayed for an undefined period of time, and you agree that the unmodified Content may continue to be displayed on the Screen until the outage is resolved. The Platform’s financial liability for technology failure or outages shall be limited to the pro-rata fee for the period of in-operability.  

b) Partial Display Failures

Screens are subject to various software, hardware, and environmental conditions which may cause Content to be only partially displayed or partially visible on the Screen (a “Partial Display Failure”). At our sole discretion, we may determine that a Partial Display Failure has reduced the value of the presentation of your Content and may, at our sole discretion, reduce the fees associated with such presentation or waive them entirely.

5. WARRANTIES, DISCLAIMERS, AND LIABILITY

5.1 General Disclaimers

We have no fiduciary duty to you. You alone are responsible for your use of the Platform and the consequences thereof. TheBulletin.io PROVIDES THE PLATFORM “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, TheBulletin.io HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, TheBulletin.io AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS CAN OR WILL BE CORRECTED; (C) ANY INFORMATION OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOU USE THE PLATFORM SOLELY AT YOUR OWN RISK.

5.2 Indemnification

You agree to indemnify, defend and hold harmless TheBulletin.io, its subsidiary and parent companies, and each of their officers, directors, employees, agents and related third parties, for any losses, costs, liabilities and expenses ( including reasonable attorneys’ fees) relating to or arising out of any third-party claim related to (a) your use of or inability to use the Platform; (b) your Content or External Content; (c) your violation of these Terms or your violation of any rights of a third party; (d) your violation of any applicable laws, rules or regulations; or (e) the unauthorized or unlawful use of the Platform by any person using your account. TheBulletin.io reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TheBulletin.io in asserting any available defenses.

5.3 Limitation of Liability

IN NO EVENT WHATSOEVER SHALL ANY OF TheBulletin.io, IT’S DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND THIRD PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (COLLECTIVELY THE “TheBulletin.io PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF PLATFORM OR ANY INABILITY TO USE THE PLATFORM (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE PLATFORM, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF SERVICES OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER CONSEQUENTIAL ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE TheBulletin.io PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

If, notwithstanding the other provisions of these Terms, the TheBulletin.io Parties should have any liability to you or any third party for any loss, harm or damage, you and TheBulletin.io agree that such liability shall under no circumstances exceed $50.00. The terms and conditions of these Terms that limit liability reflect an agreed allocation of risk between you and TheBulletin.io. Some jurisdictions may not allow the exclusion or limitation of certain damages, or limits on the duration or voiding of implied warranties or conditions; as it relates to consumer purchasers and in such jurisdictions, the limits and exclusions herein may not apply to the extent provided by applicable law.

6. MISCELLANEOUS PROVISIONS

6.1 Term and Termination

These Terms will become effective upon your acceptance thereof, as indicated by your use of the Platform and will remain in effect in perpetuity unless terminated hereunder. You or we may terminate your account at any time, for any reason or no reason, without explanation, by sending written notice to the other party. You agree that if we terminate your access to the Platform, you will immediately stop using the Platform.

6.2 Notice

We may give any notice required or permitted to be given in writing here via email. Such notice will be effective immediately.

6.3 Entire Agreement; Amendment

These Terms and any documents incorporated herein constitute the entire agreement between you and us with respect to the subject matter hereof. We reserve the right to amend the provisions of these Terms at any time.

6.4 Governing Law; Venue

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply. For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Illinois or a state court located in Cook County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Illinois will govern these Terms and any claim, without regard to conflict of law provisions.

6.5 Waiver/Severability

Our waiver or failure to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder. If any provision of these Terms is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms shall remain enforceable.

6.6 Assignment

We may assign these Terms, in whole or in part, at our sole discretion. You may not assign your rights under these Terms without our prior written permission. Any attempt to assign your rights under these Terms without our permission shall be void.

6.7 Force Majeure

We shall not be liable for any failure or unavailability of the Platform or our failure to provide the Platform as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond our control.

6.8 Headings

The headings of articles and sections contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.

6.9 Electronic Documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for (a) writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions and Complaints

Please direct all questions, complaints, or claims with respect to

the Platform to the following: feedback@thebulletin.io