1. Services. The terms “Bold” or “we” (and any related pronouns) as used in this Agreement refer to Bold Media Enterprise, Inc. The tem “Website includes Bold.global and other websites and Internet services owned and operated by Bold. This Agreement governs your use of the Website and your use of any other Bold Internet services and channels, including, but not limited to, RSS, our mobile applications, Bold’s various social media profiles on Facebook, Twitter, Instagram, YouTube, and elsewhere, emails in response to requests for submissions, and our other related websites and channels (collectively “Bold’s Services”). “Use” or “using” when set forth in this Agreement means any time an individual (a “User”) directly or indirectly, with or without the aid of a machine or device, succeeds or attempts to access, interact with, use, display, view, print or copy from Bold’s Services, transmit, receive or exchange data or communicate with Bold’s Services, or in any way utilizes, benefits, takes advantage of any function, service or feature of Bold’s Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. We provide content and services to you via Bold’s Services subject to the following conditions.
2.1. The contents of Bold’s Services are for your personal non-commercial use. No logos, copyrights, trademarks, or service marks (collectively “Marks”) owned by Bold or other information providers and third parties may be used in any manner, unless approved in writing in advance by Bold. All information and content published on any of Bold’s Services, including, but not limited to, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other related matters, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this Website and any Marks (collectively, the “Content”), are protected under applicable copyrights, trademarks, and other proprietary or intellectual property rights, and are the intellectual property of Bold and its licensors and suppliers (“Intellectual Property”). Bold actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of the Website, including the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited. You may not use such Content except as provided in this Agreement.
2.2. You may download or print any portion of the Content or Bold’s Services for your personal, non-commercial use, provided you do not remove any Intellectual Property or other notice contained therein. No other use is permitted unless otherwise expressly authorized by Bold or the Intellectual Property holder. Bold’s Services are protected by Intellectual Property and you may not modify, publish, transmit, transfer, sell, reproduce (except as stated in Section 1.4 of this Agreement), distribute, perform, display, create derivative works from, or exploit in any way the Content or Bold’s Services.
2.3. Free access to Content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with Content for free. In exchange for your free access to Content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website. Notwithstanding the foregoing, we reserve the right at any time to charge fees for access to certain features of Bold’s Services. However, in no event will you be so charged unless you wish to access and agree to pay for such features.
2.4. You may not frame or utilize framing techniques that involve any Intellectual Property (including images, text, page layout, or form) of any portion of Bold’s Services without our express written consent. You may not alter or modify in any way, Bold’s Services including, but not limited to, using any software to suppress or alter the display of advertising on the pages of Bold’s Services. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Bold’s Services, not to insert any code or product or manipulate the Content of Bold’s Services in any way, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of Bold’s Services.
2.5. Bold respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact our designated agent for receiving such notices (“Designated Agent”), in writing, either by email at CZirkleCPAPLLC@cs.com or by regular mail at Bold Media Enterprise, Inc., 1173A Second Ave #391 New York, NY 10065, and provide the Designated Agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
(d) Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Bold will terminate the account of any user that is determined to be a repeat copyright infringer.
Knowingly misrepresenting that Content is infringing, or not infringing, may subject you to civil penalties, including but not limited to monetary damages and attorney fees incurred by us, or by any copyright owner or its licensee who is injured as a result of our reliance on your misrepresentation.
3. Membership and Registration.
3.2. If you become a member by registering with any of any of Bold’s Services, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access any of Bold’s Services using your name in whole or in part. Bold reserves the right to terminate membership and deny access to any of Bold’s Services to any person who violates this Agreement.
3.3. If you register with Bold and indicate you wish to receive such information, Bold will allow certain third party vendors to provide you with information on services and products. Bold also reserves the right to contact you via electronic mail in order to notify you of changes or additions to any of Bold’s Services, or in response to any submissions you provide.
4. Other Information Content Providers.
4.1. Bold’s Services may distribute Content supplied by other information content providers, including but not limited to non-staff contributor, commenters, and the like (“Content Providers”). We use these Content Providers to enhance your experience on Bold’s Services. Bold is not responsible for the statements and opinions expressed by these Content Providers. Responsibility for the accuracy and completeness of such Content lies solely with those Content Providers. Further, Bold may link to other related websites, resources, and advertisers as additional Content Providers. Bold is not responsible for such content, and you should direct any concerns regarding external links to such websites, resources, and advertisers.
Pursuant to 47 U.S.C.§ 230, Bold is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such Content. Given the volume of information posted by such Content Providers, the Website does not and cannot monitor all of the information posted to Bold’s Services and assumes no duty to monitor Bold’s Services for inappropriate or inaccurate Content. Bold shall not be liable to any User or anyone else, and each User agrees Bold shall not be liable for claims of defamation, libel, slander, infringement, invasion of privacy or publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding the foregoing, Bold in its sole discretion reserves the right to remove, edit, or delete information provided by Users or other information Content Providers at any time.
5. User-Generated Material.
5.1. The interactive areas of Bold’s Services are provided to give Users a forum to express opinions and share ideas. Such content and expression may include, but not be limited to, posting comments, submitting content via e-mail with or without a call for submissions, publishing pictures or videos, incorporating hashtags referencing or relating to Bold, or providing reader reviews (collectively “Material”). For your own protection, please use your best judgment when submitting information to any of Bold’s Services. Do not divulge personal identifying information in public areas of Bold’s Services. Bold reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation or duty to review or remove any such identifying information.
5.2. Bold does not accept unsolicited Content submissions or ideas for use or publication. As such, Bold is not responsible if any of its Content or programming in any media is similar to materials or ideas transmitted to Bold.
5.3. Interactive areas of Bold’s Services are intended to encourage public debate, freedom of speech and a marketplace of ideas. However, because you are participating in a community intended for all users, we reserve the right at our sole discretion to remove any Content posted on any of Bold’s Services at any time for any reason without notice, but have no duty to do so. Without limiting our right to remove Content, we have attempted to provide the following guidelines to those posting Content or Material on any of Bold’s Services. When using Bold’s Services, Users agree to not post Material that:
(a) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
(b) is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
(c) violates any right of Bold or any third party;
(d) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
(e) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
(f) unfairly interferes with any third party’s uninterrupted use and enjoyment of Bold’s Services;
(g) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose;
(h) uploads Intellectual Property of any kind on the Website without the express permission of the owner of that material;
(i) uses or attempts to use another’s account, password, service or system except as expressly permitted by this Agreement;
(j) includes images, photos, articles or other Content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
(k) uploads or transmits viruses or other harmful, disruptive or destructive files;
(l) disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through any of Bold’s Services or affiliated or linked sites;
(m) “inflames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects;
(n) is unrelated to the specific interactive area or the interactive area’s topic;
(o) disguises the origin of the post; or
(p) collects or stores other users’ personal data.
A violation of certain of posting rules may be referred to law enforcement authorities. Bold reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
6. Representations, Warranties, and Grant of Rights. By placing Material on, or communicating with, Bold’s Services, you represent and warrant that you own or otherwise control all of the rights to the Material that you provide, that the Material is accurate, that it does not violate this Agreement, and that it will not cause injury to any person or entity. Further, you grant Bold a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to (or permit others to) use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you publish, post, or otherwise provide to us via Bold’s Services, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Bold to include the information you provide in a searchable format that may be accessed by Users of Bold’s Services, and other Websites. You also grant Bold and other parties the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such Material, and also grant Bold the right to use any Material, information, ideas, concepts, know-how or techniques contained in any communication, content, or Materials you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any kind to you.
7. Website Security. You are prohibited from violating or attempting to, and each User agrees not to, violate or circumvent the security of any of Bold’s Services, including, without limitation, the following (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security will result in civil or criminal liability. Bold will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
8. Communications With Third Parties Through Bold’s Services. Your dealings or communications through Bold’s Services with any party other than Bold are solely between you and that third party. For example, certain areas of Bold’s Services may allow you to conduct transactions or purchase goods or services. Under no circumstances will Bold be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully third party policies and practices, where applicable, and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
9. Software. Any software made available to download from any of Bold’s Services (“Software”) is the copyrighted work of Bold’s suppliers, unless otherwise indicated. Use of the Software is governed by the terms of the end-user license agreement, which accompanies or is included with the Software (“License Agreement”). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to Users in territories where its distribution is prohibited by law. You shall have no rights to the proprietary software and related documentation provided to you in order to access Bold’s Services. You may not transfer, sublicense, or assign any licenses granted by Bold. Any attempt at such transfer, sublicense, or assignment shall be null and void.
10. International Users. Bold’s Services are controlled, operated and administered by Bold from its offices within the United States. Bold makes no representation that Materials or Content available through Bold’s Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use Bold’s Services, or export the Materials or Content, in violation of U.S. export laws and regulations. If you access Bold’s Services from a location outside the United States, you are responsible for compliance with all applicable laws.
11. Modification. Bold, at its sole discretion, may change, modify, add or remove terms of this Agreement at any time. Changes shall be effective immediately upon publishing. You agree to review this Agreement periodically, since subsequent use by you of Bold’s Services shall constitute your acceptance of any changes. Bold shall have the right at any time to change or discontinue any aspect of Bold’s Services.
12. Disclaimer. ALL MATERIALS AND CONTENT PROVIDED THROUGH BOLD’S SERVICES, AND ANY THIRD-PARTY SITES TO WHICH THE FOREGOING LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. BOLD IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO BOLD’S SERVICES. BECAUSE BOLD HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT BOLD IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT BOLD DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT OR MATERIALS, FOR ITS ACCURACY, FOR ITS QUALITY, FOR ADVERTISING, OR FOR PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BOLD SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, MATERIALS, GOODS OR SERVICES AVAILABLE ON OR THROUGH BOLD’S SERVICES OR ANY SUCH EXTERNAL SERVICES. THE CONTENT OR MATERIALS PUBLISHED ON BOLD’S SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON BOLD’S SERVICES. BOLD OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES TO BOLD’S SERVICES AT ANY TIME INCLUDING CHANGES TO THIS AGREEMENT. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE. BOLD EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR MATERIALS OR AVAILABILITY OF INFORMATION CONTAINED IN ANY SEARCH INDEX OR DIRECTORY. BOLD ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. BOLD OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, MATERIALS, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN BOLD’S SERVICES, OR THE RESULTS OBTAINED FROM ACCESSING AND USING BOLD’S SERVICES OR THE CONTENT AND MATERIALS CONTAINED THEREIN. BOLD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE RISK AND COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT.
13. Indemnity/Limitation of Liability.
13.2. Under no circumstances, including, but not limited to, negligence, breach of contract or any other cause of action, shall Bold be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content or Material, unauthorized access to or alteration of your transmissions or data, or the Content or Material or any errors or omissions in the Content or Material, even if advised of the possibility of such damages. You specifically acknowledge and agree that Bold is not liable for any conduct of any User.
14. Miscellaneous Terms.
14.1. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained on any of Bold’s Services. Notwithstanding the foregoing, in the event of a conflict between such other terms and this Agreement, this Agreement shall control.
14.2. If any provision of this Agreement is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid, and the enforceability of all other provisions of this Agreement shall not be affected thereby.
14.3. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Delaware. Any cause of action or claim you may have with respect to Bold’s Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of Bold to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content or Materials, the license(s) you have granted to Bold, and all other provisions for which survival is equitable or appropriate. The representations, covenants and agreements of the parties set forth herein shall survive the execution hereof and continue to be enforceable by the parties in any suit or cause of action at law or in equity.
14.4. If any dispute, claim or controversy arising out of or relating to this Agreement cannot be resolved through negotiation, the parties agree to first attempt in good faith to accomplish resolution by mediation through a mutually agreed-upon mediator. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Mediation shall be in New York City, and the parties agree to share equally in the costs of the mediation. Mediation shall occur within 30 days of written notice by the party requesting mediation.
If the parties cannot agree upon a mediator, or if the parties cannot reach agreement through mediation, except for injunctive remedies and specific enforcement, the parties agree to the binding arbitration of any controversy or claim arising out of or relating to this Agreement, or the breach thereof. The party requesting arbitration shall designate three qualified persons to act as an arbitrator and the other party shall select one of the arbitrators to so act. After the appointment, the arbitrator shall promptly hold an arbitration hearing in New York City and shall make an award within thirty (30) days after the date such hearing is completed, unless the parties extend in writing the time in which the award may be made. At the hearing, the arbitrator shall allow each party to present its case, evidence and witnesses, if any, in the presence of the other party. The arbitration award may include a provision for the payment by a party of all costs and expenses of the arbitration, including without limitation, the payment of reasonable attorney fees and the fees of the arbitrator, as the arbitrator deems just. Where not inconsistent with the terms of this Agreement, the Commercial Rules of the American Arbitration Association shall apply.
14.5. This Agreement constitutes the entire understanding and agreement between the parties, written or oral, rescinding any prior agreement, and shall not be modified, altered, changed or amended in any respect unless the same is in writing signed by both parties.
14.6. User may not assign this Agreement or any right accruing hereunder, in whole or in part. Bold may assign its rights and duties under this Agreement to any party at any time without notice to you.
14.7. A waiver of any breach by either party shall not be deemed a waiver of any term, condition or provision with respect to future breaches or violations.
15. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of Bold, each User, any advertisers, suppliers, or other third parties and their respective heirs, agents, affiliated companies, partners, parents, subsidiaries, officers, directors, shareholders, members, employees, contractors, affiliates, partners, licensors, transferees, suppliers, legal representatives, successors and assigns.
16. Technical Support. Contact firstname.lastname@example.org with questions or problems with the Website.
Last modified and effective as of: November 30, 2015